CCS Contract Administration & Legal Aspects Flashcards
6 cards from real CCS practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 CCS Contract Administration & Legal Aspects flashcards as text
What triggers the contractor's right to file a mechanic's lien on a construction project in the US?
Answer: Non-payment for labor or materials furnished to improve the property
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.
Under AIA A201, what is 'Substantial Completion' and why is it significant?
Answer: The stage when the work is sufficiently complete for the owner to use it for its intended purpose, starting the warranty period
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.
What is the role of the Architect during the Construction Administration (CA) phase regarding submittals?
Answer: Review and take action on submittals for general conformance with design intent
The Architect reviews submittals — shop drawings, product data, and samples — for conformance with design intent, not for code compliance or construction means and methods.
What is a 'force majeure' clause in a construction contract?
Answer: A provision excusing a party from performance due to unforeseeable events beyond their control
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.
In construction contracts, what does 'indemnification' require the indemnifying party to do?
Answer: Hold the other party harmless and cover costs for claims arising from the indemnifying party's actions
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.
What is the purpose of a 'no-damage-for-delay' clause in a construction contract?
Answer: It bars the contractor from recovering monetary compensation for delays caused by the owner
A no-damage-for-delay clause limits the contractor's remedy for owner-caused delays to time extensions only, preventing recovery of additional costs such as extended overhead or labor escalation.