Beruflich Dokumente
Kultur Dokumente
An owner contracted with a design-builder for a design and construction of a building. The
contract price for design and construction work was $8,500,000. When the design-builder
determined that it had achieved substantial performance it advised the Owners consultant, who
inspected the work and determined that: (a) the work was ready for the purpose intended and
(b) the rectification of known defects and the completion of incomplete items would cost
$95,000:
8. What is the Owners consultants responsibility if it is the contract administrator of the
design-build agreement?
a. To not show the partiality to either the Owner or the design-builder
b. To certify the substantial performance has been achieved
c. To advise the design-builder that substantial performance has not been achieved
d. a and b
e. b and c
9. When can the owner release the basic holdback to the design-builder?
a. 45 days after the design-builder advises the Owners consultant that it has achieved
substantial performance
b. 45 days after achieving total performance
c. 45 days after publication of the certificate of substantial performance
d. 45 days after issuance of the certificate of substantial performance
e. 30 days after the publication of the certificate of total performance
10.When can the Owner release the finishing holdback?
a. 90 days after publication of the certificate of substantial performance
b. 45 days after the date of total performance
c. 45 days after the certificate of total performance is published in the Daily
Commercial News
d. None of the above
10b. what is the dollar threshold below which the value of defects to be remedied or
incomplete work to be performed must fall before Substantial Performance is achieved:
a.
b.
c.
d.
e.
$850,000
$100,000 ( 3% of $500,000 + 2% of $500,000 + 1% of rest ($7,500,000))
$85,000
$255,000
None of the above
a. Traditional
b. Design-build
c. Construction management
d. All of the above
e. b and c
13.Which of the following principles apply to the theory of precedent?
a. A court must follow the decision of a higher court
b. A court must follow the decision of another judge of the same court
c. The decisions of the Supreme Court of Canada must be followed by all courts
d. All of the above
e. a and c
14.If a contractor posts a performance bond as security for performance of its obligations
under a contract:
a. The surety will make sure the obligations are fulfilled if the contractor fails to
perform
b. If the surety has to pay any monies under the bond it will be able to sue the
contractor for reimbursement of those monies
c. The issuance of the bond will impact the contractors line of credit with its bank
d. All of the above
e. a and b above
15.if two business partners choose a corporation as their business organization, can each of
them be:
a. a shareholder of the corporation
b. a director of the corporation
c. an employee of the corporation
d. all of the above
e. a and b above
16.a typical lawsuit includes the following steps:
a. Issuance of a statement of claim
b. Issuance of a statement of defence
c. Documentary and oral discoveries
d. All of the above
e. a and b
17.a party who commences a lawsuit, loses that lawsuit at trial and then commences an
appeal will at various stages of the lawsuit be referred to as:
a. plaintiff and appellant
b. defendant and appellant
c. plaintiff and respondent
d. defendant and respondent
e. none of the above
18. Piercing the corporate veil means that:
(a) A director of a corporation may be personally sued for the actions of the corporation
(b) A shareholder of a corporation may be personally sued for the actions of the
corporation
(c) An employee of a corporation may be personally sued for the actions of the
corporation
(d) All of the above
(e) (a) and (b) above
19. An agreement between two parties may require that a dispute be:
(a) Arbitrated as opposed to litigated
credit or certified cheque for 10% of the bid price. The tender instructions stated that the WGI
will automatically reject any non-compliant bids.
BC submitted the lowest bid of $10,00,000.00, but prior to bid closing, it advised the WGI that it
had made a mistake in its bid by failing to add GST and that the actual price should have been
$10,700,000.00. ORU submitted a bid of $l0,500,000.00, but fails to submit a letter of credit or
certified cheque for $10,500,000.00 as required by the terms of the tender documents. ABC
submits a bid of $11,000,000.00 plain and simple. After much deliberation, WGI decides to select
ORU as the winning bidder and entered into a construction contract with ORU.
51. Which of the following is a true statement?
(a) WGI was entitled to ignore BCs mistake in its bid and all else being equal, accept BCs
original bid.
(b) WGI was entitled to waive the irregularity (i.e., the failure to deliver the bid deposit) in
ORUs bid.
(c) WGI was required to award the contract to the lowest compliant bidder.
(d) All of the above.
(e) Both (a) and (c).
52. WGI owed a duty of good faith to which of the following contractors?
(a) Both BC and ORU
(b) ORU
(c) ABC
(d) None of the bidders.
(e) To all three bidders.
53. Which of the following statements are correct?
(a) The old approach to tendering disputes was based on the court decision of Belle River
which applied the legal doctrine of mistake.
(b) The new approach to tendering disputes is based on the court decision of Ron
Engineering which applied the Contract A / Contract B approach.
(c) The Supreme Court of Canada in the MJB Enterprises decision established that an
owner owes a duty of good faith to all contractors submitting a compliant bid.
(d) Both (a) and (b).
(e) All of the above.
54. Which of the following statements would be correct?
(a) By accepting ORUs bid, WGI was in breach of Contract A. -> TRUE
(b) ABC could sue WGI for breach of Contract A.
(c) There were two Contract As which came into existence, one between WGI and ORU
and one between WGI and ABC.
(d) None of the above.
(e) Both (a) and (b).
55. Which of the following statements are true?
(a) Two types of duress are threatened violence and undue influence. ->True
(b) Courts always adopt a strict construction approach to contract interpretation.
(c) Courts will always look to extraneous evidence when interpreting the terms of a
contract.
(d) Both (a) and (c).
(e) None of the above.
56. Which of the following statements are false?
(a) Courts will imply a term into a contract when necessary to give the contract business
efficacy. ->True
(b) The parole evidence rule applies to documents or happenings prior to, or
contemporaneously with the making of the contract. ->True
(c) Specific performance is a remedy which is always available to a non-defaulting party
where there has been a breach of contract.
(d) The legal principle of frustration requires that performance of the contract becomes
impossible and not just more expensive. -> True
(e) None of the above.
57. As general legal principles, in the event of a breach of contract, which of the following are
true statements?
(a) The non-defaulting party is required to increase its damages as much as possible.
(b) The non-defaulting party may in certain circumstance be entitled to terminate the
contract.
(c) The defaulting party may be required to compensate the non-defaulting party for its
indirect or consequential damages suffered as a result of the breach of contract.
(d) Both (b) and (c).
(e) All of the above.
58. Which of the following statements are true?
(a) A party to a contract may be considered to have repudiated a contract if that party
announces by its words or actions that it has no intention of completing the contract.
(b) The innocent party may elect to accept the other partys repudiation or continue with
the contract (if possible).
(c) In the case of a repudiation, the damages are calculated for the date of signing the
contract.
(d) Both (a) and (b).
(e) All of the above.
59. Which of the following statements are true?
(a) The breach of a fundamental term or condition of a contract will entitle the nondefaulting party to terminate the contract.
(b) Some of the remedies which may be available to a non-defaulting party in the event of
a breach of contract include: termination, specific performance and frustration.
(c) Liquidated damages clauses are enforceable if they are a genuine preestimate of
damages.
(d) Both (a) and (c)
(e) All of the above.
60. Which if the following statements are true?
(a) Arbitration agreements usually specify how the arbitrators will be chosen, what rules
and procedures will be used and timing of the arbitration process.
(b) Engineers may be concurrently liable for breach of contract and for negligence.
(c) In administering the terms of a construction contract, an engineer may be required to
make decisions affecting the rights of the owner and the contractor.
(d) Both (a) and (b)
(e) All of the above.