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An overview of the construction licensing and regulations in the state of michigan. It covers topics such as the types of business ownership, construction contracts, construction-related laws and acts, construction insurance, dispute resolution methods, and accounting principles. The document aims to educate readers on the legal and regulatory framework governing the construction industry in michigan, including the roles and responsibilities of various stakeholders, the licensing requirements for contractors, and the penalties for non-compliance. The information presented can be useful for construction professionals, students, and anyone interested in understanding the regulatory environment of the construction industry in michigan.
Typology: Exams
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Verification Form I-9 must be completed by applicants providing proof of identity and employment eligibility within ______ of employment. - ANSWER-3 days What type of business is the easiest to establish and allows the owner to determine how profits are used although they are personally liable for all debt and assets? - ANSWER- Sole Proprietorship A ______is a joint co-owner partnership established to specifically increase bonding and bidding capacities and profits. - ANSWER-General Proprietorship Provisions of the Americans with Disabilities (ADA) Law apply to employers having _____ employees. - ANSWER-15 or more What Federal Act requires those working on federal and federally funded construction projects to be paid a minimum prevailing wage for their trade? - ANSWER-Davis Bacon Which of the following are fringe benefits that supplement an employee's hourly wage? - ANSWER-Paid vacation, sick leave, 401k plan company vehicle To avoid being held liable, the contractor must file a _______ once the lien payment is received. - ANSWER-Lien release What is the Michigan Act 230? - ANSWER-It creates the Commission and regulates code and inspections in the State. What unit is issued a Certificate of Acceptability and will not be inspected at the site? - ANSWER-Manufactured home What is the purpose of the subcontractor completing a Sworn Statement? - ANSWER- To get paid by the contractor What is the purpose of a Partial Unconditional Waiver? - ANSWER-To prove that partial payment to subs or suppliers has been received. The subcontractor has ______ to file a lien against the property for non-payment from the contractor. - ANSWER-90 days
What is the penalty to contractors or subcontractors for intentionally trying to defraud employees or a customer? - ANSWER-A fine of no more than $5,000 and/or 3 yrs in prison In accordance with the Michigan Construction Lien Act, the homeowner has _____ to provide signed copies of the Commencement Agreement to the all parties that request it. - ANSWER-10 days The contractor provides a blank Notice of Furnishing to whomever requests the Commencement Agreement. It must be completed and returned to the contractor every ________. - ANSWER-20 days if they are a supplier; 30 days if they are a laborer If a builder is required to be licensed, the penalty for working without a license ____. - ANSWER-is a fine no less that $5,000 or greater than $25, Upon final order of license suspension or revocation, the licensee has _____ in which to surrender their license to the Department. - ANSWER-10 days Failing to renew one's license before the deadline will result in a _____. - ANSWER-$ late fee How long does the homeowner/business have to file a complaint after the project is completed? - ANSWER-18 months What aids and protects the contractor from accusations of project abandonment without a good legal excuse? - ANSWER-The arbitration clause To avoid being fined, the contractor must notify the Department within _____ of relocating their business or changing the business' name. - ANSWER-10 days Definitively, a _______ is a person that constructs, replaces, improves, or demolishes residential or commercial structures for a fixed or lump sum price or fee. - ANSWER- Licensed Residential Builder When can a subcontractor work without being licensed? - ANSWER-When they are working under a licensed contractor that is not a mechanical contractor An owner/landlord is not permitted to do their own building alterations _______. - ANSWER-When the repairs are structural in nature A complaint is _______ when it cannot be resolved at the informal investigative hearing.
How long does the Respondent have to appeal the "Final Order" decision? - ANSWER- 30 days Who appoints the Director of the Department? - ANSWER-The Governor with consent of the Senate How long does the Board serve? - ANSWER-4 yrs A Builder's incompetence refers to _________. - ANSWER-failure to conform to minimum accepted professional standards What required bond is a percentage of the project cost put up by the builder to ensure the homeowner or business the project will eventually be completed? - ANSWER- Performance Bond What is the biggest environmental/human concern created during masonry construction? - ANSWER-Silicon dust What is the layer of flashing installed over base flashing called? - ANSWER-Counter Flashing Who pays for planned or unforeseen changes made to the contract scope of work? - ANSWER-Whomever is specified in the contract How much retainage may be held? - ANSWER-Whatever is specified in the contract What determines your working capital? - ANSWER-Assets - Liabilities How long does the contractor have to complete both sections of the licensing exam? - ANSWER-1 year from stamped date on license application Why is it unwise to do business as a sole proprietorship? - ANSWER-The risk of losing all personal assets if the project goes wrong Two contractors that combine their commercial resources form a ______. - ANSWER- joint venture Who regulates the building profession, including the work and licensing? - ANSWER- The Department of Licensing and Regulatory Affairs Why is a builder's license required to perform residential work and not for commercial building? - ANSWER-There is more fraud in residential building What does a builder's license qualify the licensed builder to do? - ANSWER-Build all of the home except for mechanical features
Which type of bond guarantees the contractor will perform the scope of work quoted if they win the bid? - ANSWER-Bid Bond Which type of bid bond requires the contractor to lose the entire bond to the owner if the contractor backs out? - ANSWER-Liquidated Damages Which type of bid bond requires the contractor to pay the difference in cost to the next lowest bid if the contractor backs out? - ANSWER-Difference in Price Which type of bond protects the owner from property liens because the general contractor pays the subcontractors and suppliers? - ANSWER-Payment Bond How many times a year must the board members meet? - ANSWER-At least 2 How many board members are there? - ANSWER- What kind of members does the board consist of? - ANSWER-4 licensed builders, 2 licensed maintenance and alteration contractors, 1 registered inspector, 2 general public How long is each license cycle? - ANSWER-3 yrs How much time does the department have to accept receipt of complaint to complainant? - ANSWER-15 days How much time is allotted to respond to a formal complaint? - ANSWER-15 days How much time does the board have to determine penalties after an administrative hearing? - ANSWER-60 days How much time does a person have to request a limitation be removed after such notice? - ANSWER-30 days How much time does a licensed person have to submit financial records after the board requests them? - ANSWER-30 days How much time does a licensee have to notify the department of a change in name or address of the person? - ANSWER-30 days How much time is allotted to a licensee notifying them of an investigative conference? - ANSWER-10 days How much time is allotted to a residential builder to return sales person's license and for sales person to return I.D. card by certified mail? - ANSWER-5 days
How much time does a licensee have to repay the construction lien fund in order to avoid suspension of license? - ANSWER-90 days Who issues subpoenas? - ANSWER-Circuit court What are the board's duties? - ANSWER-Interpretation of licensure and aid in an investigation What does the board promulgate? - ANSWER-rules Who develops the licensing exam? - ANSWER-The board How long does a person have to renew their license after it expires without having to retake the exam? - ANSWER-60 days Within how long does a person have to apply for licensing after their license has expired without having to take the exam again? - ANSWER-3 yrs Which type of document is used for Fast Track projects? - ANSWER-Letter of Intent Which type of document is predominately used in residential construction that provides a total amount for stated work? - ANSWER-Lump Sum Contract Which type of document relates to a specific job and includes a breakdown of each unit? - ANSWER-Unit Price Contract Which type of document is used in Construction Management? - ANSWER-Cost plus fee contract Which type of document is used when the scope of work is poorly defined? - ANSWER- Cost plus percentage of cost contract (Time and Materials) What does ADA stand for? - ANSWER-Americans with Disabilities Act What are the three main points of Act 227: Home Solicitation Sales Act? - ANSWER-No ID blockers, no false statements, cancellation period of 3 business days Which type of business ownership is easy to establish but the owner is liable for all debts? - ANSWER-Sole Proprietorship In which type of business ownership do two or more parties merge assets, credit, equipment, and talent but both partners are liable for business debts of the other? - ANSWER-General Proprietorship
Which type of business ownership allows and individual to invest in a general partnership but have no input to how the partnership is operated? - ANSWER-Limited Partnership Which type of business ownership is a business type where-by one or more individuals unite to form one entity? - ANSWER-Corporation Which type of business ownership has the benefits of being taxed as a partnership and meets IRS requirements? - ANSWER-S-Corporation Which type of business ownership has less legal requirements and more tax and economic benefits? - ANSWER-Limited Liability Company (LLC) Which dates should you avoid guaranteeing? - ANSWER-Completion date Which form is required to be completed within the first 3 days of employment? - ANSWER-I- What is the minimum wage? - ANSWER-$8.50/hr What is minimum training wage? - ANSWER-$4.25/hr How long is the training minimum wage valid for? - ANSWER-90 days Which Act prohibits an employer from discriminating against an individual compensation or other conditions because of religion, race, color, etc..? - ANSWER-Elliot-Larsen Civil Rights Act 453 What kind of contract is based on estimated costs plus percentages for overhead, time, and materials? - ANSWER-Cost plus fee What instrument helps ensure the punch list and project are satisfactorily completed? - ANSWER-Retainage When is final payment due? - ANSWER-Upon final inspection Which Law prohibits discrimination based on race, color, religion, sex, etc.? - ANSWER- Federal Civil Rights Act 1964 Which law expanded the coverage of the Civil Rights Act to include affirmative action and court ordered restraining orders? - ANSWER-Equal Employment Opportunity Act 1972 Which law allows employees unpaid leave for certain reasons? - ANSWER-The Family Medical Leave Act
How many employees does an employers have to have in order for the Family Medical Leave Act to pertain to them? - ANSWER- Which law provides a schedule for payment of wages and fringe benefits to employees?
Which type of document provides a list of individuals who have provided labor and/or materials to a project who are owed money? - ANSWER-Sworn Statement Which type of document helps to establish lien rights? - ANSWER-Proof of Service of Notice of Furnishing Which type of document provides proof that a laborer/supplier has provided labor or materials to a project? - ANSWER-Notice of Furnishing What kind of property can a lien be placed on? - ANSWER-Residential and Commercial Who provides buidlers' risk insurance? - ANSWER-The Homeowner A _____ is the best modern-day log or record of what happens on the jobsite. - ANSWER-photo Who is generally responsible for temporary power? - ANSWER-The homeowner Which type of insurance protects the construction project and materials from external forces? - ANSWER-All risk builder's insurance What protects the contractor's office and related equipment? - ANSWER-Contractor's property insurance What protects the contractor in reference to risks related to non-employee injuries or damages caused by the contractor's or someone else's property? - ANSWER-Liability Insurance What protects the employing contractor from additional financial damages from a lawsuit by an employee claiming work related injury/illness/fatality? - ANSWER- Worker's compensation insurance What provides added risk protection to an employer who has an employee injured/killed in a related construction accident? - ANSWER-Employer's liability insurance What assures a purchaser that the tile to the property is vested in that purchaser? - ANSWER-Title Insurance How long does it take for driveway concrete to reach 75% of its strength? - ANSWER- 28 days What is the most important element of the contractor's relationship with the owner? - ANSWER-The contract What must be included in every contract? - ANSWER-payments, termination, changes
What does ADR stand for? - ANSWER-Alternative Dispute Resolution What are three methods to resolve ADR? - ANSWER-Mediation, arbitration, facilitation What are the three types of warranties? - ANSWER-General, equipment, non- obligations What type of warranty covers defects related to installation or materials within the first year after occupancy/ completion? - ANSWER-General Which type of warranty covers fixtures and equipment installed by the contractor? - ANSWER-Equipment Which type of warranty is the contractor not responsible for with respect to a construction defect due to an architect's or engineer's design? - ANSWER-Non- Obligations What payments are made to the contractor during the course of the construction project? - ANSWER-Progress payments What does PEL stand for? - ANSWER-permissible exposure limit What is the PEL? - ANSWER-50ug/m^3/8hr How long does lead stay in the bloodstream? - ANSWER-30 days How long does lead stay in soft organs? - ANSWER-6-8 months How long does lead stay in bones and teeth? - ANSWER-30 yrs How can you control lead based paint? - ANSWER-Enclosure and encapsulation What does RRP stand for? - ANSWER-Renovation, repair, and painting You do not have to be a certified renovator to do what if a house has lead based paint?
Which part of the Occupational Code creates a board of licensed people and general public for every licensing group? - ANSWER-Act 299 What have you violated if you receive jail time? - ANSWER-Law What have you violated if you receive a fine? - ANSWER-Rule What is it called when a contractor continues to work without knowledge of hazardous material? - ANSWER-Negligence What is it called when a contractor continues to work with knowledge of hazardous material? - ANSWER-Gross negligence Who issues a Final Order? - ANSWER-The board What is the document sent by the board to settle a complaint? - ANSWER-Final Order A garage and pole barn are examples of what type of structure? - ANSWER-residential A homeowner does not have to pay a non-licensed contractor if the cost is over what dollar amount? - ANSWER- What is it called to be fair, honest, and open in the licensed area? - ANSWER-Good moral character What helps prevent lead dust from getting into the air during a maintenance or renovation project? - ANSWER-HEPA vacuum When was radon exposure discovered in dwellings? - ANSWER- The risk associated with living in a house with radon gas are equivalent to smoking how many packs of cigarettes a day? - ANSWER- What is a natural, colorless, odorless, radioactive gas that seeps out of soil? - ANSWER-radon What is the target level for indoor radon? - ANSWER-0.4PCI/L 4PCI/L of radon exposure is equivalent to how many cigarettes a day? - ANSWER- How long after lead exposure do you have to treat it before you become poisoned? - ANSWER-30 days To retard radon, code requires what to be put on the basement floor prior to pouring the concrete? - ANSWER-3 1/2" of gravel and visqueen
What does ACM stand for? - ANSWER-Asbestos Contaminated Material What percentage of asbestos needs to be in a material to make it ACM? - ANSWER-1% What does PACM stand for? - ANSWER-Presumed Asbestos Contaminated Material What is the 60"x60" impervious plastic bag enclosure that is required to work with ACM and PACM? - ANSWER-Glovebag Which act provides a system to provide an employee with wage replacement, medical benefits, rehab, and dependent benefits? - ANSWER-Worker's Disability Compensation Act 317 What are the two choices for compensation? - ANSWER-Self-Insured, approved provider Which form is used to report injuries? - ANSWER-form 100 What are the methods for accounting? - ANSWER-Cash basis, accrual basis Which accounting basis records revenues when they are earned and records expenses when incurred? - ANSWER-accrual Which accounting basis records revenues when they are received and expenses are recorded when paid? - ANSWER-cash What is it called when the amounts are owed to suppliers by the business? - ANSWER- Accounts payable What is the true ownership values? - ANSWER-equity What is it called when an amount is owed to the business by the customer for services?
What are payments of debt that exceed 1 year? - ANSWER-long term liabilities What is the amount owed for land or building? - ANSWER-mortgage (note payable) What are assets - liabilities? - ANSWER-working capital What is the amount earned by the business during 1 year? - ANSWER-revenue How long should business records be kept? - ANSWER-7 yrs How long should personal records be kept? - ANSWER-3 yrs What are the two types of helmets? - ANSWER-Class A, Class B What type of helmet should a worker use for industrial head protection? - ANSWER- Class A What type of helmet should a worker use when exposed to at least 600 volts? - ANSWER-Class B What are the five fire classifications? - ANSWER-Class A, B, C, D, K What kind of fire is fueled by wood, cloth, paper, rubber, or plastics? - ANSWER-Class A Which kind of fire is fueled by liquids, gases, and greases? - ANSWER-Class B Which type of fire is fueled by live electrical equipment? - ANSWER-Class C Which type of fire is fueled by metals? - ANSWER-Class D Which type of fire is fueled by vegetable/animal oils/fats? - ANSWER-Class K What does PASS stand for? - ANSWER-Pin, Aim, Squeeze, Sweep A worker must have lost _____ of wages before they are eligible to receive wage loss benefits - ANSWER-1 wk What is the system that provides wage replacement and medical and rehabilitation benefits to employees injured on the job? - ANSWER-Workers' Compensation Employers must provide _____ workers' compensation material to all new employees. - ANSWER-Employees - Know Your Rights
Employers must provide worker's compensation when they have _____ employees. - ANSWER-3 or more By complying with the Workers' Compensation Act the employer ________. - ANSWER- reduces liability from related lawsuits What insurance policies must the subcontractor provide the prime contractor? - ANSWER-vehicle, liability insurance, workers compensation What is the most important asset of the company? - ANSWER-The owner It is necessary to ______ in order to develop a successful marketing plan. - ANSWER- determine strengths and weaknesses, identify target clients, alegate resources The best way to establish trust is to ______. - ANSWER-Ask for feedback from workers and customers What mortar type has the highest compression strength and is intended for below grade use. - ANSWER-M Place mortar when temperatures are between _____. - ANSWER-70-100F The maximum thickness of the mortar bed on the first course should be ______. - ANSWER-3/4" or less Who should you always have if you have a business? - ANSWER-Attorney, accountant When are 1099 forms due? - ANSWER-Jan 31 What are the two types of financial statements? - ANSWER-Calendar, fiscal Which basis reflects activity from January 1st to December 31st? - ANSWER-calendar Which basis reflects activity that does not follow the calendar? - ANSWER-fiscal What financial statement would seasonal workers use? - ANSWER-fiscal Which account provides for double entry book keeping? - ANSWER-T-accounts In double entry book keeping what is recorded on the left side of an account? - ANSWER-debit In double entry book keeping what is recorded on the right side of an account? - ANSWER-credit What is called when cash is received? - ANSWER-debit cash
What is it called when cash is paid out? - ANSWER-credit cash What are books of original entry? - ANSWER-journals How many journals are there? - ANSWER- What are the different types of journals? - ANSWER-Sales, purchase, cash receipt, cash disbursements, general journal Where would records of sales on credit be kept? - ANSWER-cash journal Where would records of purchases on credit be kept? - ANSWER-purchases journal Where would incoming cash business transactions be kept? - ANSWER-cash receipt journal Where would records of outgoing cash be kept? - ANSWER-cash disbursements journal Where would records of payroll be kept? - ANSWER-cash disbursements journal Where would records of cash sales be kept? - ANSWER-cash receipt journal Where would records of adjusting and closing entries be kept? - ANSWER-general journal Where would records depreciation, equipment loss/damage, or inventory of no value be kept? - ANSWER-general journal What are books of final entry? - ANSWER-Ledgers Where are all transactions from journals recorded? - ANSWER-in the ledgers What make up general ledgers? - ANSWER-T-accounts What must be balanced in order for the accounting equation to be in balance? - ANSWER-ledgers How many financial statements are there? - ANSWER- What are the financial statements? - ANSWER-income, owner's equity, balance, cash flow What shows net profit or loss? - ANSWER-income statement
What shows the capital paid in, draws, and investments? - ANSWER-statement of owner's equity What shows assets, liabilities, and equity? - ANSWER-balance sheet What shows where the cash went - for bank statements? - ANSWER-statement of cash flow What is a measure of liquidity to pay current bills? - ANSWER-Current ratio How do you calculate current ratio? - ANSWER-Current assets/current liabilities What is a good current ratio? - ANSWER-2: What indicates the ability to pay current debts? - ANSWER-quick asset ratio What is a good quick asset ratio? - ANSWER-1: What is usually used to determine a loan request? - ANSWER-quick asset ratio Quick asset ratios do not include ______. - ANSWER-inventory How do you calculate fixed assets-net worth ratio? - ANSWER-fixed assets/net worth How do you calculate net worth? - ANSWER-total assets-liabilities How do you calculate gross profit-sales ratio? - ANSWER-net sales/sales How do you calculate net sales? - ANSWER-sales-direct sales expenses What percentage of fixed assets-net worth ratio puts a company at risk for not having enough money for emergencies? - ANSWER-75% What tells a company they can reduce their sales price by 50% before incurring a loss?
What type of depreciation equally reduces the value the same amount every year? - ANSWER-Straight line What financial statement shows the company's profit or loss? - ANSWER-Income statement Both federal and state forms are filed ___. - ANSWER-quarterly What is a combination of the social security tax rate and medicare tax rate? - ANSWER- FICA What is the social security tax rate? - ANSWER-6.2% What is the medicare tax rate? - ANSWER-1. What form is used to indicate a payment made to a subcontractor (not employee) for the previous year? - ANSWER- A business must pay Michigan corporate income tax if their gross receipts amount to _______ or more. - ANSWER-350, The contractor must give the 1099 to the subcontractor no later than ______. - ANSWER-January 31st A home built before there is a buyer is called a ___. - ANSWER-spec home Specifications that denote how far the house can be built from property lines are called _____. - ANSWER-set backs A ______ is a uniform home plan that's accessible online for purchase, that shows the style, layout, and views. - ANSWER-stock plan The estimator should _______ in order to produce a more accurate cost estimation. - ANSWER-divide the area into simple sections The most common scale used for residential plan drawings is _____. - ANSWER- 1/4"=1' A gliding or glide-by window is another name for a _____. - ANSWER-Horizontal sliding window How many square feet are in an acre? - ANSWER-43, The ____ lists specifications and items to be installed on the project, such as electrical features, windows, and doors. - ANSWER-schedule
A _____ is based on how long an assembly wall can withstand a fire without burning through. - ANSWER-fire resistance rating A method of ________ allows the contractor or estimator to insert general placeholder amounts for materials (light fixtures, faucets, etc.), which reduces the amount of time spent putting together a bid. - ANSWER-allowances What are cost specific to a project? - ANSWER-direct costs What are overhead costs? - ANSWER-indirect cost What is used to make sure nothing is forgotten? - ANSWER-checklist The first load should include materials for completing the house up to the _______. - ANSWER-subfloor The course of events that need to happen in order to complete a task. - ANSWER- critical path What must happen before construction on a building? - ANSWER-survey What must happen after you survey a jobsite? - ANSWER-pull permits What might you do after you pull permits? - ANSWER-excavate When is finish flooring finished? - ANSWER-after painting A _____ helps ensure nothing is left out of the estimate. - ANSWER-checklist How long must foundation concrete sure before it can be backfilled? - ANSWER- days How long is a board member term? - ANSWER-4yrs How many board members serve at one time? - ANSWER- How many board members are licensed residential builders? - ANSWER- How many board members are licensed maintenance and alteration contractors? - ANSWER- How many board members are licensed inspectors? - ANSWER- How many board members represent the general public? - ANSWER-
The ____ appoints the director of the board with the consent of the ____. - ANSWER- Governor, senate The ____ promulgates rules for articles 1-6. - ANSWER-Department The ____ enforces the rules. - ANSWER-Board The ____ promulgates rules to set the minimum standards of acceptable practice. - ANSWER-Board The board meets at least ___ times a year. - ANSWER- How long do you have to renew your license without having to take the builders exam? - ANSWER-3yrs How long does the department have to acknowledge the receipt of complaint to complainant? - ANSWER-15 days How much time is allotted to respond to a formal complaint? - ANSWER-15 days How much time does the board have to determine penalties after an administrative hearing? - ANSWER-60 days How much time does a person have to request that a limitation be removed after they receive such notice? - ANSWER-30 days How long do you have to submit financial records to the board after notification? - ANSWER-30 days How long do you have to notify the department of a change in name/address? - ANSWER-30 days How much time is allotted to a licensed person notifying them of an investigative conference? - ANSWER-10 days How long do you have to return your sales persons license? - ANSWER-5 days How long does a salesperson have to return their ID? - ANSWER-5 days How much time is allotted to repay the construction lien fund in order to avoid a suspension of license? - ANSWER-90 days How long do you have to file a complaint after the job is completed? - ANSWER- months
How long do you have to notify the department of a change in control/direction of a business? - ANSWER-10 days Which act was revised to create a board for each licensing occupation? - ANSWER- Who can file a complaint? - ANSWER-Anyone Who conducts the investigation of a complaint? - ANSWER-Department Who issues subpoenas? - ANSWER-Circuit court