Michigan Residential Builder Licensing Exam 2023, Exams of Nursing

Download Michigan Residential Builder Licensing Exam 2023 and more Exams Nursing in PDF only on Docsity! Michigan Residential Builder Licensing Exam 2023 M&A contractors include: - correct answers A = Carpentry B = Concrete D = Excavation G = Insulation Work I = Masonry J = Painting & Decorating K = Siding M = Roofing If more than one office is used for work, the branch office must be __________ - correct answers Licensed The one who obtains the residential builder's license is called a _____________ ____________ - correct answers Qualifying Officer First Offense for practicing without a license - correct answers Misdemeanor fine of $5,000 - $25,000 or prison for not more than 1 year, or both. Second offense for practicing without a license - correct answers Misdemeanor fine of $5,000 - $25,000 or prison for not more than 2 years, or both. Death or serious injury - correct answers Felony fine of $5,000 - $25,000 or prison for not more than 4 years, or both. Define a Residential Builder - correct answers A person or entity who is involved in the construction of a residential structure or a combination residential and commercial structure. Michigan Residential Builder Licensing Exam 2023 Define M&A contractor - correct answers Person who for a fixed sum/price other than wages for personal labor for the repair, alteration, or addition/improvement to residential/commercial or residential structure. Salesperson - correct answers employee of agent other than a qualifying officer who sells business for the contractor. who reissues licenses for salespeople? - correct answers LARA (The Department) Which types of trade work require a different type of license other than the resi license? - correct answers Plumbing, Electrical, and Mechanical. Who issues the license? - correct answers LARA How is the director of LARA appointed? - correct answers by the governor What types of people make up the Board of Residential Builders? - correct answers 4 Licensed residential builders 2 M&A contractors 3 members of the public What are the duties of the board of residential builders? (4) - correct answers 1. Interpretation of a license requirement 2. Aid in investigations 3. Set acceptable practice standards 4. Assess penalties for those who are licensed and are in violation of rules What happens if the qualifying officer's license is revoked? - correct answers The entity's license is revoked as well. Michigan Residential Builder Licensing Exam 2023 8 fail to __________ with subpeona 9 fail to respond to __________ 10 fail to comply with final __________ issued by the board. - correct answers 1. Fraud 2. Fraud 3. Violation 4. Lack 5. Negligence 6. Advertising 7. Incompetence 8. comply 9. citation 10. Order Complain against a build must be made within ____ months after completion, occupancy, or purchase, whichever occurs later. - correct answers 18 Complaint will be lodged with the ______________. - correct answers department (LARA) the department of attorney general, the department, a board, or any other person may file a complaint with or WITHOUT a complaint from the _________ - correct answers public Upon receipt of a building inspection report issued to the department by a state or local building enforcement official, which report verifies or confirms the nature of the complaint, department will send by certified mail a copy of the complaint to both the ________________ and _________________. - correct answers complaintent, licensee (called an arbitration clause). This avoids the use of courts to settle claims in order to save both the contractor and customer money. another name for an alternative dispute resolution written into contracts - correct answers an arbitration clause Michigan Residential Builder Licensing Exam 2023 The department will not initiate a proceeding against a licensee unless licensee has not complied with a decision ordered as a result of an arbitration within _____ days after complaint was filed with the department - correct answers 90 A licensed builder who commits a violation may be assessed one or more of these penalties 1. Requirement that licensee must deposit money received into an __________ account which can be used only under certain conditions 2. _______ of a license (2) 3. Revocation of a __________ 4. A _______ __________, paid to the department (LARA), not to exceed ____________ 5. Censure (define) 6. License is put under __________ for a period of time 7. a requirement that ________________ be made. - correct answers 1. escrow 2. suspension/denial 3. license 4. civil fine, $10,000 5. formal disapproval 6. review/evaluation 7. restitution a portion of each builder license fee is put into a _________ _____________ ___________, used by the attorney general to investigate unlicensed activities - correct answers Builder Enforcement Fund unlicensed builders cannot impose a _______ on properties - correct answers lien What is a building contract fund? - correct answers money paid to a contractor/subcontractor should be considered to be a "trust fund" for the benefit of the person making the payment. The contractor who is paid is considered the trustee. Michigan Residential Builder Licensing Exam 2023 funds paid to the contractor shall first be applied to pay _____________, ____________, and ____________. A licensee who fails to apply the funds to the appropriate individuals shall be guilty of a ________ - correct answers laborers, subcontractors, material men. felony. The appropriation of a contractor of any monies paid to him for building operations before the payment by him of all monies due to ____________, _____________, or _______________ shall be evidence of ______________ to __________________. - correct answers laborers, subcontractors, material men, intent, defraud. Define legal description - correct answers A description of real property that gives the exact location anywhere in the world. give the dimensions of an acre in square feet as well as the _____ x _____ dimensions in ft - correct answers 1 Acre = 43,560 Sq ft 1 Acre = 208 ft by 208 ft property is described through a series of ____________ and ______________ ______________ - correct answers distances, angular measurements. The description of a property always begins at a point called _____________ of _______________ (P.O.B) - correct answers Point of beginning surveyors use a ________ which is any physical evidence of a boundary line - correct answers monument define a percolation test - correct answers Performed to measure how well land absorbs water in order to determine the design of a septic system. Define easement - correct answers A right to use a part or all of property. May consist of the right to install and maintain sewers, electric and telephone lines, or the right of passage Michigan Residential Builder Licensing Exam 2023 The Michigan Civil Rights Act "Elliot Larsen" - correct answers Prohibits against discrimination because of age and marital status and with regards to employment height and weight. It was amended in 1992 to include "familial status" Define contract - correct answers A binding legal agreement between 2 or more parties who agree to conduct business. Define Purchase Agreement - correct answers AKA the "buy-sell" agreement or the "sales contract". An agreement between the seller and buyer of property used to set the price and terms of sale. Amendment - correct answers addition or alteration to a document Statute of Frauds - correct answers requires certain contracts to be in writing and parties to be bound by their terms. Statute of Limitations - correct answers a law that restricts the period of time within which an action may be brought to court Wetland Protection Act - correct answers Wetland: Land characterized by presence of water at frequency and duration sufficient to support, and under normal circumstances does support, wetland vegetation or aquatic life. Loss of wetlands requires ___________________ of millions of dollars to correct flood water problems and repair destruction of property from flooding. - correct answers expenditure Significance of designation A person cannot do the following to a wetland: 1. ________ _______ or permit placing of fill material in wetland 2. ________, __________ or permit removal of soil or minerals from wetland Michigan Residential Builder Licensing Exam 2023 3. ___________, operate or maintain any use of development in wetland 4. ______ _______ ________ from wetland. - correct answers 1. Deposit soil 2. Dredge, remove 3. Construct 4. Drain surface water Penalties of violation of Wetland Protection Act 1. Attorney general may commence civil action including __________ __________ 2. Court may impose a civil fine of not more than ____________ per day of violation 3. Misdemeanor 4. Second offense is a ___________ with fine not to exceed $__________ per day and/or imprisonment for not more than 2 years. 5. Court may order person who has violated act to "restore as nearly as possible the wetland to its ____________ ___________ immediately before violation occurred" - correct answers 1. Injunctive relief (protects plantiff from irreparable harm) 2. $10,000 4. Felony, 50,000 5. original condition Define land surveys - correct answers necessary to locate property boundary, and is required by most lenders to approve a loan. define a Lien - correct answers A charge against property that provides security for a debt or obligations What is a deed - correct answers legal instrument that transfers ownership of real property What is a deed restriction? ( restrictive covenant) - correct answers a provision in the deed aimed at controlling the present and future use of land. Michigan Residential Builder Licensing Exam 2023 Deed Restrictions may be more restrictive than a __________ __________. - correct answers zoning ordinance (In a dispute, the more stricter of the two prevails) Covenants are usually placed by the ___________ _____________ to restrict the use and occupancy of the property as means of controlling and maintaining the desirable quality and character of the subdivision. - correct answers Land subdivider A deed restriction may limit the size of ____________, the use of _______________, landscaping provisions, etc. - correct answers improvements, property. What is title insurance? - correct answers policy that protects the insured against monetary losses that result due to a defective title. What kinds of issues can arise from a title? - correct answers 1. unrecorded instruments 2. forged instruments and deeds 3. information the examining attorney may overlook 4. Undisclosed or missing heirs, etc What is a bid bond and what is it used for? - correct answers a bond that guarantees that you will accept the work if you win the contract. The bid fee (usually 5% or 10%) is a damages calculation that is paid when you win the bid, but then decide not to take the work. What is a performance and payment bond? - correct answers Requires that each contractor to whom a contract is awarded shall furnish bonds which contain 2 obligations : 1. performance to indemnify the owner against loss resulting from the failure of the contractor to complete work in accordance with plans and specs. 2. guarantee payment of all bills incurred by the contractor for labor or materials for work. Maintenance bonds (AKA warranties) - correct answers Agrees to defect all defects of workmanship and materials for a specified time following completion. Michigan Residential Builder Licensing Exam 2023 Why is a Proof of Service of Notice of Furnishing necessary? - correct answers If a claim of lien is filed later, this document will be needed in order to prove the sub, laborer, or supplier gave proper notice of what work or supplies were provided on the job. What does a sworn statement do? - correct answers tells who is owed money, in what amounts, and for what supplies or work done. Why is a sworn statement important? (homeowners and suppliers/subs/laborers) - correct answers For a homeowner, it's a legal record of all items for which you are being billed for subs/laborers/suppliers, it is a legal record of money owed to you. Should a sworn statement always be obtained by a homeowner before making payments? (Y or N) - correct answers Yes Does the law require a sworn statement be prepared by the sub or supplier whenever payment is requested? (Y or N) - correct answers Yes What is a construction waiver and what does it do? - correct answers given by contractor, sub, supplier, or laborer whenever payment is made. It relinquishes the rights of the contractor to file a lien on the property. They must be specific. Full unconditional waiver - correct answers States that full payment was received and there is no claim/lien on the homeowner's property full conditional waiver - correct answers States that as soon as full payment is received, there will be no claim of lien against the homeowner's property. partial unconditional waiver - correct answers A "receipt" for partial payment. no claim can be made for the amount already paid. partial conditional waiver - correct answers a "receipt" for partial payment which may still have a condition pending. Michigan Residential Builder Licensing Exam 2023 In a partial waiver, the lien right still exists for any _________ _________ owed to the contractor. - correct answers unpaid debts Claim of Lien - correct answers any group not paid must record a claim of lien with the register of county deeds office within 90 days after furnishing last labor or material for the job. any group not paid must record a claim of lien with the register of county deeds office within ______ days after furnishing last labor or material for the job. - correct answers 90 What does a claim of lien contain? (4) - correct answers 1. First day labor was commenced or materials were provided 2. Last day labor was completed or materials were provided. 3. Name and address of the party or parties placing the claim 4. name and address of the homeowner or lessee (Obtained from the notice of commencement) Within ______ days of filing the lien, the filee must present the lien to the homeowner - correct answers 15 a proof of service of claim of lien must also be prepared in the event that a lien is placed (T or F) - correct answers T Discharge of Lien - correct answers Once a dispute is settled and the contractor is paid, a discharge of lien must be issued by the contractor and recorded. Claim of lien must be filed within _____ days - correct answers 90 days Claims of lien are valid for _____ _______. Claims must be presented to a court within that time frame or the lien is lost. - correct answers one year Michigan Residential Builder Licensing Exam 2023 Estimate - correct answers Result of material + labor + overhead + profit. Good estimators have the following 4 qualities: - correct answers 1. Understand details required for job 2. Know a variety of construction techniques 3. Detail - oriented 4. possess good management skills Conceptual estimate - correct answers "Ballpark" estimate. done without specific drawings and usually provided when owner isn't sure if the project is economically feasable. Preliminary estimate - correct answers prepared based on preliminary drawings, higher level of accuracy than a conceptual estimate, and shouldn't be used to commit to a contract price. Detailed estimate: - correct answers Can be derived from a set of prints, and builder must go into final stages of estimating, and receiving a list of specs desired by the customer. This type of estimate is usually accompanied by a contract which locks in prices. Project cost can be influenced by the following factors: (6) - correct answers Project size, project complexity, site location, time of year, quality of work, and cost components project cost includes the following : - correct answers materials labor building permits supervision on site trailers portajohns scaffolding freight charges bonds