Construction Industry Employment and Regulations, Exams of Nursing

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CURRENTLY TESTING SOLUTIONS OF FLORIDA CONTRACTORS

MANUAL 2024 ACTUAL EXAM (2 CURRENTLY TESTING

VERSIONS) WITH ACTUAL CORRECT DETAILED ANSWERS

Corporations may pay owners dividends in stock, a dividend that is usually fixed in amount or percent is know as ______. Preferred stock The open invoice method provides sufficient detail to allow you to take advantage of ___ offered by suppliers for early payment of their invoices. Discounts If an employee worked 10 hours of overtime and is paid $20 per hour, how much would they have earned before taxes for one week? $1, What is the percentage of social security and medicare tax rate on a wage base of $118,500? 7. How much does an employee have to earn before an employer can stop paying FUTA for the year? $7, All employers are required to make contributions to the ___ plan and the ___? Federal Unemployment Tax Act & State Unemployment tax act Capital needs can be divided into __ basic stages Three months to one year How many months of "start-up" capital is recommended when starting a business to cover expenses? Three months to one year The need for capital in starting and operating a business can be divided into what three key stages? Start up costs, working capital, expansion Starting capital is the amount of money needed to get the business underway and should be enough to cover expenses for ___

Three months to one year ___ working capital needs are those costs associated with doing business Day-to-day When would a company want to use the fourth type of capital called "debt restructuring"? In the case of a financially distressed business A loan paid in one payment which covers the principal and interest at the maturity date of the loan is a

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Single payment loan ___ require the lending institution to disclose the effective annual interest rate to a borrower Truth in Lending Laws Payroll taxes, benefits for direct labor, construction supervision, temporary costs, miscellaneous job clean up costs are examples of ___ Indirect costs Who can initiate a "Change Order"? The owner or contractor To compute the percentage by dividing the total costs incurred to date by the total estimated contract costs is the _____ Percentage of completion method Under the ___, no profit is recognized until the contract is fully or very nearly completed Completed Contract Method Liquidity, Leverage, Activity, Profitability are four types of ___ Financial ratios _____ provide indication regarding how effectively the company is being managed Profitability ratios The ___ makes it a Federal crime for anyone to require any laborer or mechanic (employed on a federal or Federally-assisted project to kickback any part of their wages The copeland act What documents must your company submit weekly to maintain compliance on a project subject to the Davis Bacon Act? Certified payroll reports

Who are the only workers that can be paid less than the wage listed on the "Wage Decision" per the Davis Bacon Act? Apprentices and trainees Contractors that are found to have willfully falsified payroll reports, including correcting certified payroll reports, may be subject to civil or criminal prosecution and penalties of ______. $1,000 and/or one year in prison for each false statement What is the Medicare tax rate for 2020? 1.45% When hiring a new employee, what form must the applicant complete to confirm " Employment Eligibility"? I- 9 If a payee fails to furnish their correct taxpayer identification number, how much are you required to withhold from payment? 24% How much would a business be charged for any payment that is dishonored and returned from a financial institution for payment to the IRS? $25 or 2% of the payment, whichever is more Per the IRS, when is an employer required to furnish to an employee of a 1099 or W- 2 By January 31st What must an employer obtain in order to report employment taxes or provide tax statements to employees? An EIN Payments made to an employee that aren't regular wages, such as bonuses, commissions, overtime pay, or payments for accumulated sick leave are considered ___ Supplemental wages If an employer uses an outside payroll service provider, who is responsible for tax liabilities? The employer What is the "FUTA" tax rate? 6.0% applicable to the first $7,000 you pay to each employee during the year What are the two general categories classified as risk exposure? Speculative risk and pure risk

____ is the process of making decisions to minimize the effects that accidental losses may have on an organization Risk management What are the three causes of loss under which property insurance may be purchased? Basic, broad form and special perils Which type of property insurance would a contractor need to purchase for protection against theft? Special form Which type of property insurance would a contractor purchase for protection against fire? Basic form ____ policies cover the structure being constructed and may be extended to cover materials while in transit or at temporary storage facilities builders risk To protect the business from any loss incurred by the organization which causes a decrease in revenues or increase in expenses Financial Loss ________ provides protection to the organization for bodily injury and property damage liability losses, personal injury and fire damage liability. Commercial General Liability What are the two most common contractual liability exculpatory clauses? Indemnification and hold-harmless What insurance policy coverage would protect the organization if a claim was brought by an injured party that was involved with an employee's vehicle while in route to a material supplier for the employer? Business automobile liability with non-owned vehicle endorsement What liability coverage, if added to the commercial general liability policy, would cover a claim by an employee who was inadvertently left out of the group health plan? Employee benefits liability coverage National contracting services recently held interviews for a project manager. A month after hiring the successful candidate, they receive a claim from an applicant for discrimination. What liability policy would provide coverage to defend and pay for the claim? Employment practices liability policy

What type of insurance product would a company add to their risk management plan to recover from financial losses due to the death of the contractor? Key man life insurance ow often should an employer review the driving records of an employee? Every six months or at least annually A __________ is a 3-party agreement whereby one party, the Surety, is bound with the person bonded, called the Principal, to a third party, called the Obligee. Surety Bond In 1894, Congress passed the Heard Act in response to concerns about contractors working on public projects becoming insolvent. Which act replaced it in 1935? Miller Act Surety bonds are required in order to protect the funds of the ___ in the event the contractor fails to perform the work Taxpayer or private owner What are the two types of bid bonds? Forfeiture obligation and difference in bid guarantee The ___ is a guarantee that if the contractor is awarded the bid, he will enter into a contract at the price stipulated in the bid proposal and will provide the required performance and payment bonds Bid bond ___ bonds provide that the contractor's work will be free from defects in materials and workmanship over a specified period of time set forth in the bond Maintenance What are the three "C"s of underwriting? Character, Capacity, Capital A legal document outlining who will assume the duty for completion of ongoing work and how they will be compensated in the event a principal becomes incapacitated is known as __ A continuity provision agreement What are the three methods used to prepare a financial statement? Audit, review or compilation Cash, Completed Contract, Pure Accrual, or Percentage of Completion are four methods of ______. Income recognition

How much does "The SBA Bond Guaranty Program" charge the contractor per thousand? 7. The rights of employees to engage in concerted activity and to bargain collectively with a bargaining representative of their own choosing in private industries was created by means of the ___ Labor Management Relations Act What federal statue defined what must be considered as hours of work and the circumstances under which overtime pay must be paid? The Fair Labor Standards Act (FLSA-Wage and Hour Law) What act provides that contractors working on federal projects must pay their laborers and mechanics, wages and benefits found to be prevailing in that geographic locality? Davis-Bacon Act Under which Florida Law are Union Shop, Agency Shop and Maintenance of Membership agreements prohibited? Florida Right to Work Laws Who specifically does the Equal Pay Act protect? Female employees Who does the ADA protect? Employees with disabilities Which employment act promotes workplace safety? The Occupational Safety and Health Act (OSHA) Joe Smith applies for a job and the company obtains his credit report without his consent. What law has the company violated? The Fair Credit Reporting Act What does the Consolidated Omnibus Budget Reconciliation Act (COBRA) provide to employees that have severed employment from a company? Continued health insurance coverage Per the FLSA, employers are required to keep "hard records" such as payroll, employment contracts/agreements, sales and purchase records for how long? Three years Children aged 16 and 17 may work in construction related operations but may not be involved in certain __ occupations at a construction site Particularly Hazardous

What is the maximum penalty that can be imposed against an employer for violation of the child labor provisions, where no serious injury or death has occurred? Up to $11,000 per worker for each violation of the child labor provisions How long does someone have to file a charge with the EEOC from time of the alleged incident, if there are no state anti-discrimination laws? 180 days from the date of the alleged violation What actions does the Title VII of The Civil Rights Act of 1964 Prohibit? Employment Discrimination The age discrimination in employment act of 1967 protects people aged ___ and older 40 years A seniority or merit system, a system which measures earnings by quantity or quality of production, and a differential based on any factor than sex are disparities in pay are allowed under which labor act? Equal Pay Act of 1963 (EPA) How many weeks of unpaid leave must a covered employer allow under the FMLA for eligible employees during any 12-month period? Up to 12 weeks unpaid leave To be covered under the ___, an employee must have made the disclosure in writing and signed a complaint to an agency having authority to remedy the violation Whistle-blower's Act Who does the "Employment and Training of Veterans Act" apply to? To government contractors and subcontractors with contractors worth $100,00 or more What are the "criminal" penalties/sanctions for willfully violating the occupational safety and health act? Fined and/or imprisoned for up to one year What does the "Florida Clean Indoor Act" prohibit? Smoking in public places except in designated smoking areas Refusing to hire a potential candidate for refusing to submit to a lie detector test, violates which labor act? Employee Polygraph Protection Act of 1988 What is the maximum amount of "Unemployment Compensation" That an eligible individual can collect during a benefit year? $6,

When an employee is injured while working, they must notify the employer within __ 30 days What damages may be assessed to an employer found to be in violation of "minimum wage"? Unpaid minimum wages, unpaid overtime compensation, and an additional equal amount as liquidated damages There are ___ designations of fire protection contractor licensure classifications defined in s 633.021 (5). Five What is the minimum salary for professional employees within the contiguous U.S.? $ How would an employee be classified per the FLSA when they are highly compensated, and their primary duty is performing plumbing work? Not exempt If an employer makes an error on the deductions of an exempt employee, how can this be corrected to avoid the loss of the "exempted" status? By reimbursing the employee for the improper deduction What does the term "customarily and regularly" mean when defining a salary or hourly employee? Frequency must be greater that occasional Under the FLSA and the youth employment regulations issued at 29 CFR, Part 570, when is a youth no longer subject to Federal youth employment provisions? 18 years of age What should an employer do to prevent an unintentional violation of the child labor provisions? Keep an employment or age certificate on file Who enforces the provisions of child labor? The wage and hour division, which is part of the department of labor What are criminal sanctions that can be imposed under the FLSA for a repeated "willful violation" of the child labor provisions? A fine of no more than $10,000 or imprisonment for no more than 6 months, or both How many days per week may a minor work? Not more than six consecutive days in a week What code is used to determine what type of fire alarm system is required based on occupancy?

NFPA 101 Life Safety Code If a registered electrical contractor wants to install a fire alarm, what prefix letter designation must they have on their license? Prefix letter designation EC, EF, EY and EH Who is tasked with the inspection of exposed underground piping and any attached appurtenances supplying a fire protection system? A contractor I or Contractor II The ___ shall have the same authority as the sheriff, or her or his deputies, to serve summonses, make arrests, carry firearms, and make searches & seizures Agents of the State Fire Marshal A chemical mixture used to produce visible or audible effects by combustion, deflagration, or is capable of producing a controlled, self-sustaining and self-control exothermic chemical reaction is known ______. Pyrotechnic material What must the owner of any commercial or industrial structure, or any multi-unit residential structure of 3+ units, that uses light-frame truss type construction do to warn persons conducting fire control? Mark the structure with a sign or symbol approved by the State Fire Marshal The provision of partial, temporary income to workers who lose their jobs through no fault of their own and are and available for work is known as __ Reemployment assistance Who must file an Employer's Quarterly Report (RT-6)? An employer who employed ten or more employees in any quarter during the preceding state fiscal year What wages must be reported on an Employer's Quarterly Report (T-6)? Total wages paid to covered workers, excess wages, taxable wages, and tax due What is the reemployment tax rate for new employers? 2.70% What is the penalty for failure to file a reemployment tax report electronically? $25 per report and $1 for each employee What is the penalty for failure to report reemployment tax timely? $25 for each 30 days or fraction thereof What is maximum "reemployment tax rate" an employer can be charged?

5.40%

If an employer has employees working in more than one state, what may be necessary the employer do for the purposes of FUTA? Register as an employer with another state's employment security agency ___ is a voluntary program that permits prorated reemployment assistance benefits to employees experiencing a reduction in hours for a portion of their workweek Short-Time Compensation What law effective July 1, 1935 has the intent to provide immediate and full payment of medical expenses and some coverage for loss of wages and rehabilitation benefits for workers? State workers' compensation For the purpose of Workers Compensation coverage, Sole Proprietors, Partners and Corporate Officers are considered employees. Construction limited liability company members are considered ___ Corporate Officers Who is required to provide workers compensation for the employees of a subcontractor? The general contractor What options are available, if the Contractor becomes liable to pay Workers' Compensation benefits for a subcontractor's employee? To recover from the subcontractor all benefits the contractor is required to pay plus interest A subcontractor who knowingly presents false information as to the existence of coverage when in fact there is none, commits a ___ A third-degree felony What allows for a group of employers pledging their individual assets to collectively guard against exposure for paying workers compensation benefits? A self insurance Pool If it can be established that the winner of a competitive bid knowingly violated the requirements to maintain proper workers' compensation coverage, what can the losing contractor do? Sue the person awarded the contract What can happen if the Florida Division of Workers' Compensation discover you have no coverage, even if a worker was not injured? Your business can be closed down What is one major consideration that could impact workers compensation? Knowing your employees and their limitations

If a prospective employee lies on a pre-employment application about a prior medical problem and is subsequently injured, how would benefits be paid for workers compensation? Benefits can be denied If an employee dies on the job, what is the maximum amount paid to beneficiaries? Up to $150,000 in death benefits plus $7,500 in funeral costs What is the maximum weekly benefit that an employee who is injured on the job may be paid while unable to work? Two/thirds of his average or maximum of $ What is the maximum possible reduction in workers compensation benefits if an employee fails to comply with safety rules and regulations? 25% After the report of an accident from an employee, how long does the contractor have to report it to the worker's comp carrier? Within seven days If a job site accident is not reported to the carrier within 7 days of notification, how much can the employer be fined? Up to $2,000 fine per occurrence How long must an employer retain a copy of all information, including all forms contained in the report accident? two years and six months What is the maximum penalty for violating any of the rule for reporting accidents? Up to $ An injured employee is released by the doctor with limitations and is still unable to perform the job held at the time of injury. What happens to the employee until they can perform those duties? The employee may be able to perform another job What allows the treating physician to review the exact job being offered and give an opinion as to an injured employee's ability to perform it? Job descriptions What are two factors that impact the cost of workers compensation premiums? The size of payroll and the type of business (classification) Employers are classified by types of jobs their employees perform and are "__" per $100 of payroll Manually rated

What is the term for how insurance company's rate or compare your business to other employers within your industry for workers' compensation coverage Experience modification factor What document must a person wishing to claim exemption provide to obtain or renew a "Certification of Exemption" for Workers compensation? A state driver license or Florida ID How many employees can construction company employee before workers' compensation is required? One or more full-time or part time employees Florida's workers compensation law does not allow for independent contractors in the construction industry. The person is either a ____ A business owner or an employee of a business What three factors determine the cost of Workers' compensation insurance? Payroll, type of work performed, employer's claims history What types of employee injuries are covered by Workers' compensation? All accidental injuries and occupational diseases arising out of and in the course and scope of employment When is an employer solely liable for up to double the normal compensation as provided by the workers compensation law? If a minor child is injured while employed in violation of any of the conditions of the child labor laws of Florida If an employee participates in an employee assistance program, you, the employer, are required to extend the same considerations as reflected under what federal guidelines? Americans with Disabilities Act and the Family and Medical Leave Act Does an injured worker pay taxes on compensation benefits received while out of work? No If an employee is unable to return to the type of work performed before the injury, what options are available to them? Reemployment services How many years from the date of injury can a claim be submitted for workers' compensation benefits? two years and six months ___ benefits are provided when the injury or illness causes any physical, psychological or functional loss and the impairment exists after the date of MMI

Permanent Impairment Benefits In order to apply for or renew an exemption from workers' compensation law, the exemption applicant must complete and submit a ___ online to the Florida Division of workers' Compensation Notice of Election to be Exempt Application Workers' compensation fraud is a serious offense and can result in being charged with a ___ Felony, depending on the amount of money stolen First-degree felony Employers are required to notify the Division within ___ of any injury resulting in death 4 hours The maximum weekly compensation rate for related injuries and illnesses occurring on or after January 1, 2020, shall be ___ $ The Legislative intent of _______ is to assure the quick and efficient delivery of disability and medical benefits to an injured worker and facilitate the worker's return to gainful reemployment at a reasonable cost to the employer. F.S. Chapter 440 Per Chapter 440, Definitions, __- refers to an employee that is employed for 10 or less days for a total cost of less than $ Casual The date after which further recovery from an injury or disease can no longer reasonably be anticipated, based upon reasonable medical probability is defined as __ Date of maximum medical improvement Per Chapter 440, Definitions, ___ means any person who receives remuneration and includes any person who is an officer of corporation who performs services for remuneration Employee If an employer implements a drug-free workplace program and an employee refuses to submit to a drug test after an injury, what happens? The employee forfeits eligibility for medical and indemnity benefits An employer implementing a drug-testing program shall ensure how many days lapse between notice of drug free work-place program and implementation? 60 days

If an employee in the course of employment enters an employee assistance program for drug-related problems, or a drug rehabilitation program, the employer must require the employee to submit to a drug test as a follow up with what exception? The employee voluntarily entered the program How long must the specimen of a positive drug test result be retained? 210 days As a condition to applying for and receiving a building permit, what must an employer show as proof that it has secured coverage for its employees? A certificate coverage How much can an employer be fined for misclassifying an employee as an independent contractor, resulting in failure to provide adequate worker compensation coverage? $5,000 per employee How does an injured employee request a change of physician? Through a written request In any dispute, the carrier or employee may select an "independent medical examiner." Who bears the cost for the examination? The party requesting and selecting the independent medical examination In the event of Permanent Total Disability, what compensation will the employee receive? 66% of the average weekly wages If an employee receives an impairment rating of 32%, how many weeks of benefits do they receive? 6 weeks If an employee dies within 2 years as the result of an accident, what is the maximum an employer pays for actual funeral expenses? $7, If an employer and employee reach an agreement to waive the employees right to workers' Compensation benefits, can the agreement be enforced? No, it is invalid Can child support or alimony be deducted from "workers' compensation" benefits? Yes, the claim of creditor exemption does not extend to child support or alimony payments Every employee engaged in construction work is entitled by law to a work place that is free of what three factors? Unsafe conditions, unsafe acts, and health hazards

What OSHA form is used to record all incidents resulting in loss of consciousness, restriction of work or movement, lost work-days, or medical treatment? OSHA Form 300/300A Furnishing employees employment and a place of employment which is free from recognized hazards causing or likely to cause death or serious physical harm is a required under which OSHA clause? The general duty clause What is the fourth area responsibility for an employer per OSHA? OSHA posters must be posted on all job sites where all employees can see them Section 2(b) of the ___ describes its purpose as providing safe and healthful working conditions for every "working man and woman in the Nation" OSH Act What are the three groups that the "OSH Act" excludes? Religious establishments, Employers of household workers, Individuals who do not have "employees" The activities of what individuals are not covered by the Occupational Safety and Health Act? Self-employed An ___ is one who has the right to control and direct his employees, not only regarding the result to be accomplished by the work, but also as to the details and means by which the work objective is accomplished Employer Standard Industrial Classification (SIC) used to rate business risks and ___ for workers compensation, as well as liability and risk insurance Calculate premiums Most employers with no more than 10 employees are exempted from OSHA record keeping logs for injuries and illnesses, with the exemption of? Fatalities or multiple hospitalization accidents The ___ log is used for recording and classifying recordable occupational injuries and illnesses, and for noting the extent and outcome of each case OSHA No. 300/300A, OSHA 301 What are the three forms used for OSHA record Keeping? OSHA No. 300/300A, OSHA 301

In which OSHA form is the additional information entered describing how the accident occurred, listing the objects and substances involved, and indicating the nature of the injury or illness and the part(s) of the body affected? OSHA N0. 301 Where should the injury and illness record logs be kept for an employee not associated with a fixed establishment? At the field office or mobile base of operations or at an establishment How long must an employer retain required OSHA forms? 5 Calendar years following the period to which they relate Who is responsible for maintaining the injury and illness records for employees of other firms or independent contractors, that are temporarily at work in their establishment or on one of their job sites at the time of the injury or illness exposure occurs? The person who is employing those individuals Under the OSHA Act, ___ of an employee is any abnormal condition or disorder, other than one resulting from an occupational injury, caused by exposure to environmental factors associated with employment. Occupational illness Every occupational death, every nonfatal illness, and those nonfatal occupational injuries which involves loss of consciousness or medical treatment (other than first aid) is a ____ Recordable case How are lost days of work for an injured employee counted? By the number of calendar days the employee was unable to work as a result of the injury or illness What is the maximum allowable civil penalty for serious or other-than serious violations? $13, What is the maximum allowable civil penalty for willful or repeated violations? $134, ____ are those committed with an intentional disregard of, or plain indifference to, the requirements of the OSH Act and regulation? Willful violations What is the base penalty for failure to report a fatality or catastrophe within 8 hours? $13, If the contractor only partially abates a violation issued by OSHA within 30 days, how much can the penalty be reduced?

By 20 percent to 40 percent What are the exceptions for the requirement of a protective systems when excavating? Where the excavation is in solid rock, nor in excavations that are less than 5 feet in depth How do the manufacturers of Manila rope used for hoisting identify first grade rope? By an identifying mark of some kind Why are synthetic fiber ropes generally not used in rigging? Because of their tendency to stretch under strain and their susceptibility to damage by heat flame and sparks What type of rope would you want to use in a rigging operation that could withstand severe shock loads? Nylon Rope When a rope is used for hoisting or supporting personnel, what safety factor must be used? A safety factor of "10" What type of splice should be used to prevent strands at the end of the rope from unlaying? Back Splice How much do knots, bends and hitchers reduce rope strength? Knots and bends by about 50 percent and hitches by about 25 percent What is the only way riggers can determine the safety, life expectancy and load-carrying ability of the rope? Regularly inspecting every foot of rope What are the two broad categories of wire ropes? Preformed and non-preformed What are the two most commonly used shackles in rigging? The anchor (bow type) and chain (D-type) What are the three essential terms of a construction contract? Quality, time and price What are two types of unlawful contracts? A contact where the contractor is not licensed to perform the work undertaken where a contractor's license is required and a calling for work that is in violation of building code

An allocated amount that is provided for the purpose of reaching an overall fixed price or budget yet allows for variation of the budgeted amount is called an ___ Allowance When the parties agree to a guaranteed maximum price, or upset price, above which the contractor assumes the risk of paying for the work described in the contract, it is called a ___ Qualification What type of contract requires the entity contracting the work to be responsible for both the design and construction? Design/Build Contract When the construction manager contracts with the trades on the construction manager's account, then the construction manager is identified as a ___ Construction Manager at risk The process where all disciplines in a construction project work as one "firm," creating faster delivery times, lower costs, and no litigation is known as ____ Integrated Project Delivery (IDP) Who are the primary team members on an integrated project delivery system? The architect, key technical consultants, a general contractor and key subcontractors A ___ in a contract is a provision that says that something else is predicated on the occurrence of a specified event Condition Warranty of title , Warranty of habitability, and condominium statutory warranties are all known as ____ Implied Warranties What are the three types of pricing in a construction contract? Fixed price, unit price, or cost-plus determination of price What are three contract terms that relate to price? Payment, scope of work and time of performance ___ is a holdback to give the contractor an incentive to finish and the owner a measure of security for problems later found Retainage A ___ payment clause in a subcontractor is when payment is not due unless and until payment for subcontractor's work has been received by the contractor contingent

The key to a good ___ is to clearly define the quality and quantity of what is to be done under the contract and define whether work that is marginal or questionable is included or not Scope of work A waiver of ____ is used when contract is breached by an owner or contractor Consequential damages What type of contract would help the contractor shift the risk of cost escalations on a long-term project? A cost-plus contract Which clause says that all prior negotiations, bids, and discussions have been merged into the written agreement? Merger clause A ___ provides that whatever obligations the contractor has undertaken for the scope of work of the subcontractor, the subcontractor is bound to the contractor in the same fashion as the contractor is bound to the owner with respect to that scope of work Flow Down Clause What does "incorporation by reference" mean? A document is incorporated by reference as if it were written within the signed document What is the clause in the contract that says the contractor agrees to indemnify, defend, and hold harmless the owner for any personal that may result from the work of the contractor? Indemnity clause Most contracts provide that the party performing the work must provide workers compensation and general liability insurance in stated limits. Under which clause would the details be found? Insurance clause Which Florida statue provides the right of any person who is considered being sued by an owner to receive a written notice of defects and have an opportunity to inspect and cure the alleged defect? Notice of defect and opportunity to cure (Chapter 558) Why would a business include an alternative dispute resolution process in their contracts? Litigation in court is expensive and time-consuming In the event of a contract dispute, who is the person often named as being the initial dispute resolver? The architect What are two benefits of using a "private trial resolution judge" for a contract dispute? The judge is knowledgeable about construction law and may be able to provide a hearing sooner than would be available in court

What is the "statutes of limitation" for a written agreement in Florida? Five years How long can the "Statue of Response" extend the "Statue of Limitations" in the event of a latent defect? Not longer than 10 years from completion If the contract is breached for nonpayment of a material amount, by wrongful termination, or some other material breach, what is the contractor ( or subcontractor) permitted to do? Terminate the contract and recovered damages In a breach by the party performing the work, what are the damages that the paying party is entitled to recover? Costs in excess of the contract price that were, or can be proven will be, incurred to achieve full performance The lien on real property and the improvements for unpaid charges in making improvements to real property is defined as a ___ in Florida Construction lien What are the two elements of a construction lien? A debt incurred to improve property, and compliance with the procedure described in the statue When would a contract become void and prevent a contractor from filing a lien? If the work under the contract requires a license and the contractor does not have one What are three important pieces of information that "notice of commencement" provide? The name being improved , and if there is a payment bond What is the only exception that may affect lien rights on a property owned by married persons when only one person signs the contract? The non-signing spouse gives to the contractor and records in the clerk's office notice of his or her objection within ten days of learning of the contract If a contract price is under $2500, who is the only person that has lien rights? The contractor A source of project information for those who need to know information such as property description, property owner, and whether the job has a payment bond can be found in the ___ The notice of commencement When must the notice of commencement be recorded? Before construction starts, but not sooner than 90 days before construction starts

How long is a Notice of Commencement effective unless otherwise noted? One year from date of recording If the owner of a project changes contractors, what must happen with the Notice of Commencement? It would require a new notice of commencement What happens if the Contractor is terminated and the owner wishes to complete the job with another Contractor? The owner should follow the procedure in Florida Statue 713.07(4) In the event that there are insufficient funds from the contract price to pay all valid liens, the liens attaching at the same time take what priority? The first priority is the liens of laborers How is lienable work defined? As the furnishing of labor, services or materials for the improvement of real property The Construction Lien Law provides a form of notice to owner. How many additions are allowed to be added to the "Notice to Owner"? Two What purpose does the "Notice to Owner" serve? Inform the owner of lien rights, which parties may invoke them, and allow the owner to verify proper payments to these parties If a lienor is not directly dealing with owner, how many days from lienors first work on the site, with no other materials being delivered, must the owner receive a "Notice to Owner"? 45 days or before the owner makes final payment, whichever comes first What is Privity? "The connection or relationship which exists between two or more contracting parties" Joe contracts with John and John contracts with Frank, who has privity? There is privity between Joe and John, and between John and Frank How many means of serving the "Notice to Owner" and other lien documents are there? Four How long does a lienor have to serve a copy of a lien on the owner after recording a claim? 15 days How long does a claim of lien last?

One year from date of recording What is the purpose of an Owner filing a "Notice of Contest of Lien"? To shorten the effective period of the claim lien What is the penalty for knowingly furnishing a false statement regarding the status of payment to subcontractors or suppliers? 3rd degree felony What is the penalty for filing a fraudulent lien? 3rd degree felony Once a lien has been resolved by payment or settlement, what document does the lienor need to record to clear the lien? A satisfaction of lien Who are the three parties to a payment bond? The Obligee, the Principal, and the Surety What is the quickest way to clear a title from a lien, other than to satisfy it? To transfer the lien to a bond or cash deposit What projects are exempt from the requirements to post a payment and performance bond per Florida Statues? Projects for any state , county, municipal, or other public authority where the contract amount is less than $100,000 What is the federal law that requires contractor to post a payment and performance bond? The Miller Act Claimants who are not in privity of contract must serve a "notice of intention to look to the bond for protection" to the contractor within how many days of first furnishing of labor and/or materials? 45 days Which party produces an "Exemptory Payment Bond" and when must it be provided? The contractor, prior to construction For a conditional payment bond to be effective, what type of clause must be included in the subcontractor's contract? A valid contingent payment clause After beginning a project, how long does a contractor have to record a claim of lien? At any time but no later than 90 days after the final furnishing of labor or materials

How does a contractor record a claim of lien on improvements for separate lots and parcels under the same contract? A lienor is required to record only one claim of lien Where is the notice of commencement filed or posted? In the clerk's office Who signs the Notice of Commencement? The owner When must the applicant for a "building permit" file a certified copy of the recorded notice of commencement? Prior to the first inspection What is the duration of a lien? 1 year What is a contractor provided when a construction project is solicited for bidding? Plans and specifications for the project When bidding a project, how should discrepancies between the plans and specifications be resolved? In a request for Information (RFI) What facility subgroup is concrete classified in the specifications (CSI) in a bid package? Division 03 What is the first section of CSI Master format Division 00 called? The General Clauses and Conditions section Where can information regarding bidder's qualifications, payment and performance bonds, specialized insurances and/or certifications be found? Instructions to Bidders What is the legal instrument that binds the prime contractor to the owner and/or the subcontractor to the prime contractor Proposal What section of the contract documents contains "Coordination of Work"? General Conditions Square footage, detailed survey or piece method, unit price, and approximate estimates are ______. Methods of estimating

A listing of all the steps required to construct a given project is known as ___ An activity Estimate When doing a takeoff estimate, what is an easy way to ensure you haven't missed any items? Mark drawings with different colors as items are taken off A basis for purchasing materials and for determining manpower and equipment requirements is referred to as _______. Quantity estimates How can an estimator obtain a general knowledge and satisfactory results of a project? By studying the drawings, reading the specifications, and examining all available information concerning site and local conditions What are material estimates used for? As a basis for construction material procurement Why should permissible speeds limits be determined when preparing an estimate for equipment? It determines the amount of material the equipment will move in one day What are the two types of labor estimates? Preliminary and detailed manpower Weather, experience of workers, time allotted for completion, size of the crew, accessibility of the site, type of materials and equipment to be used are all __ Factors affecting production Why is there a commodity concern in a typical commercial contract? The unique nature and singularity of an individual structure or building How does a court of law interpret ambiguous terms in a contract? Against the party who drafted the document What are three sources for standard industry construction forms? AIA, AGC, & NSPE What is the purpose of a cost breakdown? It serves as the basis for progress billings Who is typically responsible for job progress? A project engineer or field superintendent

Planning and schedule are two distinct separate operations and planning must always precede scheduling, both of these are ___. Basic ground rules in analyzing a project What are the first tasks prepared by the Project Manager after the award of a contract? The creation of a project, material and equipment schedule Defining the project activities, restraints and developing the job logic table decreases the time needed to develop what? A Critical Path Schedule On a standard subcontract agreement, when does article B apply? When a subcontractor is in default Who should be able to understand construction processes, have communication skills, and be able to interpret contract documents? Field supervisors A lien on real property, in favor of persons supplying labor or materials for a building or structure for the value of labor or materials supplied by them is know as a ___ Mechanic's lien What is the metric equivalent to a 1/2" 10 mm Government regulations do not clearly assign environmental compliance responsibilities to the Owner or the Contractor, however both can be held liable for ____ Failure to comply What is the maximum allowed, per day penalty for Environmental Non-Compliance? $10,000 per day per violation What must be done prior to putting fuel in an above ground petroleum storage tank with a capacity of 600 gallons? You must register the tank with FDEP within 30 days of putting product into the tank F.A.C. 62-604.550 requires notifications to the FDEP for "all" accidental discharges of a broken or severed sewer line within how many hours of an event? 24 hours If a contractor is planning to burn the debris from clearing the land, the burner must obtain a authorization from where? The Florida division of Forestry