CCS CCS Contract Administration & Legal Aspects 2

Question 1

What triggers the contractor's right to file a mechanic's lien on a construction project in the US?

Accepted Answer

Non-payment for labor or materials furnished to improve the property

Answer

Mechanic's lien laws in all US states give contractors, subcontractors, and suppliers who have not been paid for work or materials a security interest in the improved property.

Question 2

Under AIA A201, what is 'Substantial Completion' and why is it significant?

Accepted Answer

The stage when the work is sufficiently complete for the owner to use it for its intended purpose, starting the warranty period

Answer

Substantial Completion marks the date when the work is complete enough for the owner's intended use; it starts the warranty period, shifts insurance responsibility, and typically triggers release of retainage.

Question 3

What is the role of the Architect during the Construction Administration (CA) phase regarding submittals?

Accepted Answer

Review and take action on submittals for general conformance with design intent

Answer

The Architect reviews submittals — shop drawings, product data, and samples — for conformance with design intent, not for code compliance or construction means and methods.

Question 4

What is a 'force majeure' clause in a construction contract?

Accepted Answer

A provision excusing a party from performance due to unforeseeable events beyond their control

Answer

Force majeure (French for 'superior force') clauses excuse non-performance caused by extraordinary, unforeseeable events such as natural disasters, wars, or pandemics that are outside either party's control.

Question 5

In construction contracts, what does 'indemnification' require the indemnifying party to do?

Accepted Answer

Hold the other party harmless and cover costs for claims arising from the indemnifying party's actions

Answer

An indemnification clause requires one party (typically the contractor) to defend, hold harmless, and compensate the other party (typically the owner) for losses, claims, or damages arising from the indemnifying party's work.

(CCS) Certified Construction Specifier Practice Test

(CCS) Certified Construction Specifier Practice Test

CCS CCS Contract Administration & Legal Aspects 2