Download Construction Contract Essentials and more Exams Business Statistics in PDF only on Docsity!
Louisiana Contractor's License
Complete Questions &
Answers(GRADED A)
Cover Page - ANSWER contains contact info and a confidentiality statement Abatement/Mold Remediation License - ANSWER requires a 4 hour course in "unfair trade practices and consumer protection law". If an employee requests their W2 from an employer after final wages are paid... - ANSWER The employer has 30 days to fulfill their request OSHA requires employer's to post an annual summary of injuries and illnesses. - ANSWER No later than February 1st of each year. OSHA Form 300 must be kept for a period of... - ANSWER 5 years after which the form pertains. Occupational License Taxes are required by... - ANSWER Cities and Parishes executive summary - ANSWER includes highlights of the business plan and is meant to gain interest of the reader Company Summary - ANSWER the company vision and mission, legal structure, management personnel, business location, and facilities Products and Services - ANSWER your specific products, primary subcontractors and suppliers, and expansion opportunities Market Analysis - ANSWER your target market, trends and major competitors are defined here Market Strategy - ANSWER the uniqueness of your product along with your pricing, advertising, and promotional strategy Financial Plan - ANSWER Financial statements, balance sheet, income statement, and cash flow statement
Sole Proprietorship - ANSWER a business owned and managed by a single individual Partnership - ANSWER A business in which two or more persons combine their assets and skills 30 days - ANSWER the amount of time you have to notify the board about a termination of a qualifying party 60 days - ANSWER the amount of time you have to replace a qualifying party Licensing Renewals - ANSWER must be submitted 30 days prior to the anniversary date they were issued Insurance - ANSWER supplements your risk management program and is sometimes required by law Property Insurance - ANSWER A type of insurance that covers your business when damage to property, theft, or loss occurs Liability insurance - ANSWER insurance that provides protection from claims arising from injuries or damage to other people or property. Business Owner's Insurance - ANSWER Property and Liability insurance that has been bundled together. Burglary and Theft Insurance - ANSWER covers loss from larceny, robbery, forgery, fraud, and vandalism Key Man Life Insurance - ANSWER life insurance that is applied for, owned by, and payable to a business on the life of a key individual. Bonds - ANSWER provide protections when contractual obligations are not met Bond language - ANSWER contains the total dollar amount, length of term, requirements for defect, and enforcement. Time management - ANSWER gives you a competitive edge and helps you anticipate problems before they occur. Delegation - ANSWER increases your efficiency and helps develop your employees Business Ethics - ANSWER helps protect your reputation and avoid litigation Technology - ANSWER an essential tool for communicating and keeping your business competitive
Qualifying Party - ANSWER The person who will hold the business license. documents and a site visit Retainage - ANSWER A certain percentage of money owed to the contractor for work progress that is held back by the owner to encourage completion of the project. Contract Conditions - ANSWER Obligations the parties must meet in order for the agreement to be valid Supplemental Conditions - ANSWER Often prepared in a separate document and tailored specifically to each project breach of contract - ANSWER Occurs when one of the parties fails to perform in accordance with the terms and conditions Material Breach - ANSWER A serious violation of a contract that may void the contract and will most likely end up in litigation Immaterial or partial breach - ANSWER A less serious violation that does not normally result in the termination of a contract. Liquidated Damages - ANSWER damages that parties to a contract agree in advance should be paid if the contract is breached boilerplate provisions - ANSWER Standard language or clauses used in contracts that are often referred to as miscellaneous clauses. force majeure - ANSWER A provision in a contract stipulating that certain unforeseen events—such as war, political upheavals, or acts of God—will excuse a party from liability for nonperformance of contractual obligations. Indemnification - ANSWER Absolves a specific party from any payment for losses or damages incurred by a third party Warranty - ANSWER Defines the contractor's responsibility for the repair of defects to the project after the completion of the work. Delays and Extensions - ANSWER A contingency in case the completion deadline is not met Schedule Acceleration - ANSWER Provides assignments of cost incurred in order to complete and project ahead of schedule
Artistic changes clause - ANSWER Limits the number of changes the architect or design team can make to a project Recitals - ANSWER preliminary clauses in agreements, often identifying the intent or purpose of the agreement Lump Sum Contract - ANSWER A contract with a fixed total price for a well-defined product or service; also called a fixed-price contract Unit Price Contract - ANSWER A contract in which payment is based on a contractor's quoted price per unit of work performed and the owner's measurement of the total number of such units installed. Cost-Plus Contract - ANSWER A contract in which the contractor is reimbursed for specified incurred costs, with an additional allowance provided for overhead and profit. Single Prime Contract - ANSWER The most traditional form of contracting where the owner hires an architect to design the project and the contractor performs the work in accordance with the plans and specifications. Design/Build - ANSWER The owner contracts with one entity (a person or firm) to provide both design and construction services, that entity then subcontracts portions of the work to others as needed Construction Manager - ANSWER A person who coordinates the construction process on behalf of the owner Turnkey Contracting - ANSWER Similar to the design/build model but also includes obtaining financing and land for the project. Fast-Track Construction - ANSWER an approach to construction wherein actual construction begins before design and building specifications are complete Multiple Prime Contracts - ANSWER Separate Contractors contracting directly with the owner for specific and designated elements of the work. Partnering - ANSWER sets common goals for all parties involved such as the owner, designers, engineers and contractors. It increases communication and reduces potential litigation and claims. Standard forms for contracts - ANSWER Available through the American Institute of Architects as well as the Associated General Contractors Change Order - ANSWER A written agreement between the owner and contractor to modify the contract.
Progress Payments - ANSWER Ensures the contractor follows a planned schedule and allows the contractor to pay for labor and material expenditures as they occur Negotioation - ANSWER An unstructured discussion between parties designed to be the first step in resolving disputes Mediation - ANSWER Involves a neutral third party professional that helps resolve disputes between two parties Arbitration - ANSWER Dispute resolution that involves a third party that acts as a judge that will render a decision by which all parties are legally bound. Project Manual - ANSWER The central location for bid documents, provisions, specifications, and addenda Oral Agreement - ANSWER Legally binding but are more difficult to prove the terms if a dispute arises Legal Interpretation - ANSWER Clarity of language and meaning that help avoid disputes and/or lawsuits Substitution - ANSWER Must be formally requested if products are discontinued or if a cost/time savings can be provided Subcontractor - ANSWER Company hired by general contractor to complete a particular portion of the building project - work is usually devoted to a particular skilled trade = plumbing / electrical / landscaping Sequence of tasks - ANSWER Critical to scheduling subcontractors, ordering materials, and completing the project on time Activity Duration - ANSWER Determined by the size of the project, labor hours estimated, and the length of time dedicated each day Contingency Time - ANSWER Used as a buffer between tasks to prevent unforeseen delays in the schedule Task time range - ANSWER A calculation ran from the earliest/latest start date and the earliest/latest end date of a sequence to determine if the project is ahead or behind on time. Float Time - ANSWER The remaining time after a task is complete and before the next task begins Free Float Time - ANSWER The amount of time an activity can be delayed without impacting the early start of the next activity
Total Float Time - ANSWER The amount of leeway allowed in starting or completing an activity without delaying the project completion date Purchase Orders - ANSWER Organizes and documents your material purchases in order to track costs and delivery dates Receiving - ANSWER Checking materials against the purchase order to confirm correct quantities were received and in good condition Shop drawings - ANSWER Drawings prepared by the contractor, subcontractor, manufacturer, or supplier, showing how specific portions of the work shall be fabricated and/or installed. Value engineering - ANSWER A method of balancing the owners cost, quality and time priorities to deliver the best project possible Communication - ANSWER Helps build trust with the customer and understand expectations Discriminatory Interview Questions - ANSWER Inquiries about age, disabilities, pregnancy, marriage status, parental status, religion, sexual orientation, ethnicity New Hires - ANSWER Must be reported within 20 days of the first day on the job Failure to report a new hire or rehire - ANSWER A fine of $25 per incident or $500 if a conspiracy to avoid to report is determined New Hire Reporting - ANSWER The reporting of newly hired and rehired employees to state agencies to facilitate the collection of child support and/or to uncover abuse in the state's unemployment compensation, workers' compensation, or public assistance programs. Employment Certificate - ANSWER Required for minors under the age of 18. Must be signed by the legal guardian and must be kept at the work site. Minor's working hours - ANSWER Minors under the age of 16 cannot work more than 8 hours a day or more than 40 hours a week Prohibited tasks for minors - ANSWER Operating a circular saw, machinery for cold rolling or shearing and stamping , freight elevators or hoisting machines, oiling or maintaining machinery or applying belts to pulleys, any occupation considered hazardous Form I-9 - ANSWER employment eligibility verification; documentation must be provided to verify that the person is eligible to work in the United States
Title VII of the Civil Rights Act of 1964 - ANSWER Forbids discrimination on the basis of sex, race, color, religion, or national origin in all areas of the employment relationship Schedule - ANSWER A written plan used to complete a construction project on time. Calendar Scheduling - ANSWER A simple method used to link project tasks to specific dates. Works well with smaller, less complex projects. Bar chart scheduling - ANSWER An easy to read visual that shows activity duration and sequence of tasks to be completed. Does not show the interdependencies of activities. Critical Path Scheduling - ANSWER This method illustrates the interdependent relationships of tasks and durations and is the most detailed. Critical Path - ANSWER A sequence of tasks that determine the duration of the project Working Capital - ANSWER The amount of cash available after liabilities and debts are paid Preliminary Cash Flow Budget - ANSWER Developed during the scheduling phase to anticipate any cash shortages during the different phases of construction Project Manager - ANSWER An individual who is an expert in project planning and management, defines and develops the project plan, and tracks the plan to ensure the project is completed on time and on budget Superintendent - ANSWER The onsite supervisor responsible for daily operation of the project Foreman - ANSWER Usually supervises specific areas of construction by trade Materials Expediter - ANSWER Supervises the procurement of building supplies to ensure accurate and timely deliveries to the job site Owner's Representative - ANSWER the person designated as the official representative of the owner in connection with a project Project Life Cycle - ANSWER The series of phases that a project passes through from its initiation to its closure. Daily Reports - ANSWER Used to log and track the progress of a project and serves legal backup in case of a dispute. Status Reports - ANSWER describe where the project stands at a specific point in time
Just-In-Time Delivery - ANSWER Using the project schedule to closely predict when you will need materials on a project and also reduce inventory cost Equal Pay Act of 1963 - ANSWER Requires that men and women be paid the same amount for doing the same job Age Descrimiination act - ANSWER prohibits employers with more then 20 workers from descriminating against employees over 40yo Worker Adjustment and Retraining Notification Act (WARN) - ANSWER Act that requires some employers to give a minimum of 60 days' notice if a plant is to close or if mass layoffs will occur. Title III of the Consumer Credit Protection Act - ANSWER Prohibits employer from terminating an employee whose wages are garnished for one debt. Uniformed Services Employment and Reemployment Rights Act (USERRA) - ANSWER Act that protects the employment, reemployment, and retention rights of persons who serve or have served in the uniformed services. Louisiana payment of wages - ANSWER Employees must be notified what they will be paid, how often, and what method. Louisiana wage payment minimum frequency - ANSWER 1st and 16th of every month Louisiana payment upon termination - ANSWER Must be paid their wages in full, including vacation, at the next regular pay day. Not to exceed 15 days. Louisiana wage withholding - ANSWER Employer may not withhold pay unless required by state or federal law. Exception to Louisiana wage withholding law - ANSWER When an employee damages property belonging to the employer. Cannot deduct more than the value of the damage done. Employee handbook and policies - ANSWER Helps employees understand the rules of the workplace and protects you from complaints or lawsuits. Workers compensation fraud - ANSWER Misrepresenting an injury; reporting a work related injury when it is not; continuing to work while receiving benefits An employee that is hurt or becomes ill due to something work-related must do: - ANSWER Notify the employer within 30 days Submit to a medical examination paid for by the employer Keep the employer informed of any change in their condition
Form I-9 recordkeeping - ANSWER must retain this form for either 3 years after the date of hire, or 1 year after termination, whichever is greater. OSHA - ANSWER established by the OSH Act of 1970 and requires all states and employers to adopt the minimum safety standards set. Safety standards act - ANSWER sets safety standards for construction projects on federal projects. Safety and Health Achievement Recognition Program (SHARP) - ANSWER provides a free and effective worksite safety program to smaller businesses who meet the specific requirements. Written Safety Plan - ANSWER required if you have 15 or more full and/or part time employees. Component of a written Safety plan - ANSWER A management policy statement signed by the top executive. Component of a written Safety plan - ANSWER A list of safety responsibilities for executives, mid-level management, supervisors, and employees Component of a written Safety plan - ANSWER Statement that a safety supervisor must conduct inspections at least quarterly. In-House Safety Inspection - ANSWER Must be conducted quarterly and a record of deficiencies and corrective actions must be kept for one year. Component of a written Safety plan - ANSWER Accident investigation procedures for any job related injury requiring a visit to a clinic or physician. Component of a written Safety plan - ANSWER A statement that a supervisor must conduct safety meetings at least quarterly for all employees. Component of a written Safety plan - ANSWER A list of specific safety rules and regulations that are distributed to all employees. Component of a written Safety plan - ANSWER A training program providing orientation and training for each new employee, new jobsite, or new equipment and/or procedures. Component of a written Safety plan - ANSWER Recordkeeping documents required to be retained by the employer for one year after then end of that year. Component of a written Safety plan - ANSWER First Aid program and a person trained in First Aid.
Component of a written Safety plan - ANSWER An emergency preparedness plan for all employees, visitors, contractors, and vendors. OSHA "other than serious" violation - ANSWER Has a direct relationship to workplace safety and health, but would most likely not cause physical harm or death. Penalty for OSHA "other than serious" violation - ANSWER Discrectionary penalty up to $7,000 for each violation. OSHA "serious" violation - ANSWER a violation where there is substantial probability of serious physical harm or death could occur. The employer knew, or should have known about the hazard. Penalty for OSHA "serious" violation - ANSWER Mandatory penalty up to $7,000 for each violation OSHA "willful" violation - ANSWER An employer knowingly commits a safety violation and makes no reasonable effort to eliminate the hazard. Penalty for OSHA "willful" violation - ANSWER fines up to $70,000 with a minimum of $5,000 for each violation. Criminal conviction of a willful violation that caused a death - ANSWER up to $250, for an individual, $500,000 for a corporation, and possibly up 6 months in jail. OSHA "repeated" violation - ANSWER A violation of any standard, regulation, rule, or order where upon reinspection a similar violation is found Penalty for OSHA "repeated" violation - ANSWER up to $70,000 for each violation Falsification of OSHA record, reports or applications - ANSWER Can be fined by $10,000 or up to 6 months in jail, or both. Violations of OSHA posting policies - ANSWER Can bring a civil penalty of up to $7, Assaulting an OSHA compliance officer while performing their duties - ANSWER Criminal offense subject to a fine no more than $5,000 and imprisonment for not more than 3 years. OSHA Programmed inspection - ANSWER Generally performed at establishments with high injury rates OSHA Unprogrammed inspection - ANSWER Performed in response to fatalities, catastrophes, and complaints
Asbestos - ANSWER A long, thin, fibrous silicate mineral with insulating properties, which can cause cancer when inhaled. Asbestos Evaluation - ANSWER Note possible materials such as: Insulation that is blown, rolled or wrapped Resilient floor coverings (tiles) Siding Shingles Asphalt Roofing Products Vermiculite Insulation Asbestos Inspection - ANSWER Must be performed by a licensed inspector prior to the start of construction. Must submit a written notice on intent 10 working days prior to starting construction. Asbestos Accreditation and Notifications - ANSWER Abatement contractors must obtain the proper certifications and approvals from the LA Department of Environmental Quality and proper license classification from the LA Licensing Board. Sediment Control Measures - ANSWER Silt fence or hay bales placed at the down gradient side of the job site Erosion Control Measures - ANSWER Placing mulch and vegetation as soon as feasible to permanently stabilize the site soil. LA underground utilities damage prevention law - ANSWER Requires that the job site safety program must include precautions to prevent damage to electrical, oil, gas, fiber optics, sewer, water, drainage systems, and hazardous materials.
