ECIV Test #3 Questions with Complete Solutions, Exams of Advanced Education

ECIV Test #3 Questions with Complete Solutions

Typology: Exams

2025/2026

Available from 12/04/2025

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ECIV Test #3 Questions with Complete Solutions
What construction related measures can be used to describe the strength
of the US economy? Correct Answer-when the economy is down, the
FED government issues construction projects to stimulate economy....#
residential permits issued, expenditures on construction, employment
levels, etc.
What type of project might be ideally suited for the design-build or
design-construct method? Correct Answer-large, fast industrial projects,
when processes are large and complex (and design changes have to be
made after construction)
5 elements of a contract: Correct Answer-1. Offer and acceptance
2. Meeting of the minds
3. Consideration
4. Lawful subject matter
5. Competent parties
What may happen to a municipality that does not enact zoning
restrictions? Correct Answer-anyone could build anywhere... school next
to a chemical plan, safety issues with buildings right on the street, etc.
Describe some of the conditions that must generally exist for a worker to
successfully file a mechanic's lein Correct Answer-1. property must be
privately owned and improvement wanted by owner
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ECIV Test #3 Questions with Complete Solutions

What construction related measures can be used to describe the strength of the US economy? Correct Answer-when the economy is down, the FED government issues construction projects to stimulate economy....# residential permits issued, expenditures on construction, employment levels, etc. What type of project might be ideally suited for the design-build or design-construct method? Correct Answer-large, fast industrial projects, when processes are large and complex (and design changes have to be made after construction) 5 elements of a contract: Correct Answer-1. Offer and acceptance

  1. Meeting of the minds
  2. Consideration
  3. Lawful subject matter
  4. Competent parties What may happen to a municipality that does not enact zoning restrictions? Correct Answer-anyone could build anywhere... school next to a chemical plan, safety issues with buildings right on the street, etc. Describe some of the conditions that must generally exist for a worker to successfully file a mechanic's lein Correct Answer-1. property must be privately owned and improvement wanted by owner
  1. worker provided improvement to the land and was not paid
  2. lein must be correctly filed in a timely matter (judicial accuracy)
  3. for a general contractor, it is good to have a written contract disadvantages of partnership vs corporation: Correct Answer-- in corporations, members are not bound personally to debt
  • corporations elect boards to manage whereas partners have to manage themselves What conditions must exist for an injured party to successfully sue another person in a tort action? Correct Answer-- the non- injured party had a duty to act/ not act
  • that action did/ didn't take place
  • the injured party has to prove there was damage/harm done
  • prove that the damage was a direct result of the non-injured party's action/inaction explain the rationale for regarding attractive nuisances as torts Correct Answer-attractive nuisances look at negligibility of a company to keep people out of a work zone... negligence that led someone to getting hurt is a tort What is the limit of liability of a surety if the contractor defaults? Correct Answer-The surety has to somehow find a way to compensate...

It is common for contracts to stipulate that changes in the work be authorized in writing by someone in authority. Under what conditions might a verbal change be valid? Correct Answer-- this is common

  • a verbal change is acceptable in an emergency or when the change is something minor that wont affect safety or cost Under what conditions might a contractor successfully claim a differing site condition, even though the information to bidders stated that the contractor had to perform an independent site inspection? Correct Answer-- has to be able to prove that the conditions actually encountered were unforeseeable... In defining project duration, at what point does the time of construction begin? When does it end? Correct Answer-- typically notice to proceed is the start of the contract clock- end of the project is substantial completion What is the significance of substantial completion? What contractual issues are frequently linked to substantial completion? Correct Answer-- substantial completion is when a project reaches a point that the owner can use it for its intended purpose
  • the owner receives all final payments except for retainage
  • liquidated damages are assessed and the warranty begins

What is the significance to the contractor of final completion? Correct Answer-- all punch list items are completed; project is completely done and certificate of completion is issued by owner

  • contractor receives retainage
  • contractor has no more legal obligations to the project What is the purpose of retainage? Correct Answer-- amount of the project payment (usually 5%)
  • security for owner in case contractor defaults on punch-list items
  • motivation for the contractor to finish the job completely What payments are typically linked to substantial completion? Final completion? Correct Answer-- payments are made periodically to the contractor throughout the duration of the project
  • at substantial completion the contractor receives final payments minus retainage
  • at final completion, contractor receives retainage Discuss the merits of comparing the loss ratio with the experience modification reading of a firm to measure the effectiveness of the firms loss control program Correct Answer-Any loss of property or injuries will affect the firms experience modification rate... Experience modification rate takes into account frequency and severity of losses and injuries... However, efficiency of a firm safety measures should not be based solely on this

benefits from post bed shopping because they get the sub contractor to do the work for less money, increasing their profit margins What is the role of the subcontractor in relation to the owner of a project? Correct Answer-they do not have a direct relationship. The subcontractor answers to the general contractor and the general contractor answers to the owner. What are the implications to the subcontractor of the pay one paid policy in regards to the timing of payments to the subcontractor from the general contractor? Correct Answer-Pay when paid is a clause usually put into payment agreement between contractor and subcontractor. Basically, the general contractor will pay the sub when the general contractor is paid by the owner What are some of the most frequently sided disadvantages of resolving disputes through court decisions? Correct Answer-- The judges and jury aren't familiar with all of the technical aspects of the construction contract so it is hard to make an educated and fair decision

  • you give up control to the court
  • expensive
  • time consuming How does arbitration differ from conventional resolution of dispute through court decisions? Correct Answer-- Arbitration is done outside the court room
  • you can pick the arbitration panel
  • an objective third-party helps solve the problem these people are well- versed in construction lingo
  • arbitration is private
  • court proceedings are more expensive than arbitration
  • arbitration is a faster and smaller process What are some disadvantages of mediation compared with arbitration? Correct Answer-- in a mediation final decision is not set in stone... Both parties don't have to agree to the mediation solution
  • mediation is faster than arbitration
  • mediation is controlled by the parties involved... Not by a third-party
  • mediation is a smaller process than arbitration What are some disadvantages of mediation compared with arbitration? Correct Answer-- mediators may not have good technical knowledge of the contract Compare the various means of resolving disputes in regard to time and cost. Correct Answer-- Fastest and cheapest: mediation
  • longest and most expensive: litigation
  • sweet spot: arbitration