CAC Construction Law and Ethics Flashcards
6 cards from real CAC practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 CAC Construction Law and Ethics flashcards as text
What is the difference between an express warranty and an implied warranty in construction?
Answer: An express warranty is explicitly stated in the contract; an implied warranty arises automatically by law regardless of contract language
An express warranty is a specific promise written into the contract, while an implied warranty (such as fitness for a particular purpose) is imposed by law without being stated.
Which principle requires a contractor to mitigate damages when the owner breaches the contract?
Answer: Duty to mitigate
The duty to mitigate requires the non-breaching party to take reasonable steps to reduce their losses rather than allow damages to accumulate.
Quantum meruit is a legal doctrine that allows a contractor to recover:
Answer: The reasonable value of work performed even without a formal written contract
Quantum meruit ('as much as is deserved') allows recovery for the fair value of services rendered when no enforceable contract exists or when one party has been unjustly enriched.
What is the significance of a 'notice of claim' provision in a construction contract?
Answer: A contractor must provide timely written notice of a claim or it may be barred from recovering damages
Notice of claim provisions require the contractor to give written notice within a specified time after a claim-triggering event; failure to do so can forfeit the right to compensation.
Equal Employment Opportunity (EEO) requirements on federal construction projects are primarily enforced through:
Answer: Executive Order 11246 and the Office of Federal Contract Compliance Programs (OFCCP)
Executive Order 11246 requires federal contractors to take affirmative action and prohibits discrimination; the OFCCP enforces compliance.
When a contractor discovers that a proposed change would result in a constructive change, the appropriate first step is to:
Answer: Submit written notice to the owner preserving the right to additional compensation before proceeding
A constructive change occurs when owner actions effectively change the scope without a formal change order; timely written notice preserves the contractor's right to an equitable adjustment.