NASCLA Contractor's Guide Exam Questions with Correct Answers., Exams of Community Corrections

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NASCLA Contractor's Guide Exam Questions with

Correct Answers.

The standard industry mark-up is? - ANS 15%

• Bus Law & Proj Mgmt pg 7- Which of the following is important to consider in order to avoid inaccuracies when making an accurate project estimate? A) Units of measure B) Time involved C) Overhead Costs D) Productivity time - ANS A) Units of measure
• Bus Law & Proj Mgmt pg 6- A crucial drawback of a ________ is double taxation. - ANS C Corp Class B fires are flammable liquids and require a special type of extinguisher to control them. Which of the following are considered Class B Extinguishers? A) Foam B) Carbon Dioxide C) Dry chemical D) All of the above - ANS D)
• OSHA 1926.150 Table F-, pg 213 Form _______ is mandatory to be assigned as an S Corporation. - ANS Form 2553, know as the sub chapter S election. Filing this form can be used to convert a C Corp to and S Corp
• Bus Law & Proj Mgmt pg 2- _________ insurance will protect against movable machinery left at the location or while being transported. - ANS Equipment Floater Class ____ fires are considered ordinary combustibles. A) A B) B C) C D) D - ANS A) Class A
• OSHA 1926.150 Table F-1, pg 213 A _____ bond promises the person building will complete the job for the amount quoted, will sign the agreement and will provide _____ and _____ bond. - ANS Bid bond, Performance and Payment
• Bus Law & Proj Mgmt pg 4-

A ______ bond guarantees the owner that the contract work will be completed according to its terms including price and time. - ANS Performance bond

• Bus Law & Proj Mgmt pg 4- The Miller Act calls for ______ and ______ bonds for all Federal projects costing more than $100,000. - ANS Performance and Payment bonds
• Bus Law & Proj Mgmt pg 4- A _______ bond promises to subcontractors and vendors they will be compensated for their efforts and materials. - ANS Payment bond
• Bus Law & Proj Mgmt pg 4- There are _____ parts of a contract - ANS 4 parts - Offer and Acceptance
  • Consideration
  • Competent Parties
  • Legal Purpose What is the primary advantage of a design/bid/build delivery method? - ANS Known project cost before construction
• Const Proj Mgmt pg 102 & 256 Which of the following are considered Project Closeout phase documents? A) Certificate of substantial completion B) Lien releases C) Consent on Surety D) All of the above - ANS D)
• Construction Jobsite Mgmt pg 128 OSHA ______ captures individual incident information about workplace injuries and illness. - ANS Form 301
• Construction Jobsite Mgmt pg 248 & Bus Law Mgmt 12- OSHA mandates that the company keep records of Forms 300, 300A and 301 for ______ years. - ANS 5 years
• Bus Law & Proj Mgmt pg 12- OSHA _______ is essentially a numerical summary of incidents for a particular location.
• ANS Form 300A
• Construction Jobsite Mgmt pg 248
• Bus Law & Proj Mgmt pg 12- Soil types, are determined by particle _______. - ANS particle size.
• Principles and Practices of Commercial Const pg 8

________ is the simplest method of providing temporary support for an existing building. - ANS Shoring

• Principles and Practices of Commercial Const pg 104 A subcontractor bond does what? - ANS it protects the GC in the event that the sub does not fully perform the contract Alternative dispute resolution includes A) Negotiation B) Mediation C) Arbitration D) All of the above - ANS D) All of the above
• Bus law The deadline for submitting your employee's W2 for the previous year is - ANS The last day of February
• Bus Law Social security tax for a self employed contractor is__________ - ANS based on the rate set forth for the self-employed in which the tax is paid
• Bus Law 3 elements of a business plan - ANS -cover page -executive summary -company summary -products and services -market analysis -marketing strategy -financial plan advantages of sole proprietorship - ANS -minimal legal restrictions -simple ownership form -low start up costs -sole ownership of profits -freedom in decision making process disadvantages of sole proprietorship - ANS -unlimited personal liability -less available capital -possible difficulty obtaining long-term financing -dissolution of the business on the even of the owner's death who has limited liability in the company? - ANS limited partners advantages of a general partnership - ANS -ease of formation -direct profit rewards -larger management base than that of a sole proprietorship

disadvantages of a general partnership - ANS -unlimited personal liability of general partners -multiple decision makers -limited life of the business -changes of partners or partnership agreement may be difficult -partnership dissolves in the event of the death of a general partner bid documents - ANS -invitation to bid -bid instructions -bid forms -supplements what is an invitation to bid - ANS gives a brief overview of the project, deadlines, and general requirements bid instructions - ANS contain specifics of how the bis should be completed and submitted bid forms - ANS bid sheet bid schedule bidder's questionnaire on the experience financial responsibility and capability copy of the contract supplements - ANS includes all items important to the overall bid process such as property and soil analysis what is the estimating checklist helpful for? - ANS when setting up your estimating framework to make sure that you have accounted for all materials and labor what is the most effective estimating method? - ANS quantity take off method what is labor burden - ANS (30% of labor cost) medicare and social security federal unemployment insurance worker's compensation liability insurance state unemployment insurance company benefits (health insurance, vacations) what are indirect costs - ANS small tools and pickup trucks what are allowances - ANS items not specified in the project plans such as carpeting, fixtures, and lighting)

what are contingencies - ANS percentages added to the estimate to protect the contractor if an unanticipated problem occurs what is project overhead - ANS cost that covers items necessary to complete the project but not directly associated with the labor and materials examples of project overhead - ANS bonds, temporary storage, temporary office, security guard, utilities, dumpsters, and portable toilets what is company overhead - ANS the cost of doing business (expenses necessary to keep the business running) examples of company overhead - ANS office rent Accounting fees Taxes Telephone Legal fees Administrative labor What is markup - ANS applied to the direct cost of the project? What happens if markup is too low - ANS you may not cover the costs for project which may cause you to break even or even lose money on the project? What is a conceptual estimate - ANS generally prepared by the architect using cost models from previous projects? What is the benefit of a job cost recording system - ANS helpful in the estimating and project management What are the 4 required elements of a contract - ANS offer and acceptance? Consideration Competent parties Legal purpose Breach of contract occurs when a party... - ANS refuses to perform the contract Performs an act prohibited by the contract Prevents the other party from performing its obligations Indemnification - ANS absolves the indemnified party from any payment for losses and damages incurred by a third party Indemnification clauses must be... - ANS examined carefully to ensure the proper liability is distributed between the contractor and the owner 3 types of construction contracts - ANS lump sum

Unit price Cost plus Lump sum contract - ANS contractor agrees to complete the project for a predetermined, specified price Unit-price contract - ANS used for jobs where the extent of work cannot be fully determined or the actual quantities of required items cannot be accurately calculated in advance Cost plus contract - ANS contractor is reimbursed for the actual cost of labor and materials and is paid a markup fee for overhead and profit A written agreement between the owner and contractor to change the contract - ANS change order Why are oral agreements bad? - ANS not a good way to do business! Get it in writing Legal interpretation - ANS if the contract cannot be clarified based on this method, the interpretation will go against the party who wrote it 3 types of scheduling methods - ANS calendar Bar chart Critical path Dates, delivery dates, payment schedules and employee vacations are what type of scheduling? - ANS calendar What is the main weakness of bar chart and calendar scheduling? - ANS do not show the interdependencies of activities Shows the activity duration and sequence of tasks to be completed - ANS bar chart scheduling Shows the relationship between tasks - ANS critical path method of scheduling What is not a part of cash management? - ANS bidding Bidding is a part of what? - ANS project management Prohibited hiring questions - ANS how old are you Do you have any disabilities? Are you pregnant? Are you married? Do you have children? Religion

Sexual orientation Ethnicity Employee documentation - ANS I- W- W- State tax form Employment application Policy signoffs Emergency notification forms What applies to employers that have one or more employees? - ANS fair labor standards act Fair labor standards act - ANS prescribes standards for the basic minimum wage and overtime pay How many hours are in a work week - ANS 168? Not following the FSLA results in what? - ANS penalties How many days do you have to complete I-9 forms? - ANS 3 How long must you keep immigration and I-9 forms? - ANS 3 years after the date of hire Americans with disabilities act - ANS applies to employers with 15+ employees Prohibits discrimination of persons with disabilities FMLA allows employees to do what? - ANS take up to 12 weeks unpaid job-protected leave each year Creating a safe work environment is a good way to what? - ANS run your business If you have more than 10 employees your Emergency Action plan must be? - ANS written (NOT ORAL) When is OSHA form 300 not required? - ANS when there are fewer than 10 employees What are the 3 OSHA forms for employers with over 10 employees? - ANS OSHA 300 OSHA 300A OSHA 301 How long do you keep OSHA 300? - ANS 5 years If a death occurs, how many hours do you have to report that to OSHA - ANS 8?

Environmental law includes... - ANS clean water act Clean air act Endangered species act National environmental policy act National historic preservation act What do contractors give to homeowners of homes that are pre-1978 - ANS protect your family from lead in your home pamphlet Source documents - ANS cash receipts Credit card receipts Customer invoices Purchase orders Materials invoices Deposit slips Time cards Miller Act - ANS Require performance and payment bonds on all federal construction projects greater than $100k Davis-Bacon Act - ANS Requires payment of prevailing wages on federally-financed or assisted projects. Walsh-Healey Public Contracts Act - ANS Requires payment of minimum wage and overtime on contracts that provide goods to the federal government Youth minimum wage - ANS Minors under 20; $4.25 during the first 90 days; cannot displace any employee to hire someone at youth rate Fair Labor Standards Act (FLSA) - ANS Minimum wage, youth minimum wage, overtime rate, pay at regular intervals, age restrictions (hours or work, or dangerous work) I-9 form requirements - ANS within 3 days of hire; kept for 3 years after hire or 1 year after employment ends (whichever is later) FLSA youth limits - ANS Limits hours under 16 can work; forbids children under 18 from dangerous jobs FLSA criminal penalties - ANS 1st offense, fine up to $10k; 2nd imprisonment FLSA civil penalties - ANS Up to $1,100 per violation 1099 Requirements - ANS Reporting payments of $600 or more to independent contractors