CCS CCS Contract Administration & Legal Aspects

Question 1

Under the AIA A201 General Conditions, who is responsible for the means and methods of construction?

Accepted Answer

The Contractor

Answer

AIA A201 assigns the Contractor sole responsibility for construction means, methods, techniques, sequences, and procedures unless otherwise specified in the contract documents.

Question 2

What is the legal significance of the 'Doctrine of Implied Warranty' in a construction contract context?

Accepted Answer

The owner implicitly warrants that the contract documents are accurate and adequate

Answer

The Spearin Doctrine (Implied Warranty of Plans and Specifications) holds that when an owner provides construction documents, they implicitly warrant those documents are accurate and buildable.

Question 3

In a construction contract, what is a 'liquidated damages' clause?

Accepted Answer

A pre-agreed daily penalty amount the contractor pays for failing to achieve substantial completion on time

Answer

Liquidated damages are a pre-negotiated sum per day (or other period) that the contractor owes if the project is not substantially complete by the contract date, compensating the owner for anticipated delay damages.

Question 4

Which contract delivery method transfers the most design and construction risk to a single entity?

Accepted Answer

Design-Build (DB)

Answer

In Design-Build, a single entity is responsible for both design and construction, consolidating risk and accountability under one contract with the owner.

Question 5

What is the purpose of a 'Notice to Proceed' (NTP) in a construction contract?

Accepted Answer

It formally authorizes the contractor to begin work and starts the contract time

Answer

A Notice to Proceed is an official written notice from the owner to the contractor authorizing the start of work and establishing the commencement date from which contract time is measured.

(CCS) Certified Construction Specifier Practice Test

(CCS) Certified Construction Specifier Practice Test

CCS CCS Contract Administration & Legal Aspects