FLORIDA CONTRACTORS MANUAL EXAM | ALL QUESTIONS AND CORRECT ANSWERS | ALREADY GRADED A+, Exams of Contract Law

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FLORIDA CONTRACTORS MANUAL EXAM | ALL QUESTIONS AND CORRECT ANSWERS | ALREADY GRADED A+ | VERIFIED ANSWERS | LATEST VERSION (JUST RELEASED) If an employer and employee reach an agreement to waive the employees right to workers' Compensation benefits, can the agreement be enforced? - -----CORRECT ANSWER---------------No, it is invalid Can child support or alimony be deducted from "workers' compensation" benefits? ------CORRECT ANSWER---------------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? ------CORRECT ANSWER------------ ---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? ------CORRECT ANSWER---------------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? ------CORRECT ANSWER---------------The general duty clause What is the fourth area responsibility for an employer per OSHA? ------ CORRECT ANSWER---------------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" ------CORRECT ANSWER---------------OSH Act What are the three groups that the "OSH Act" excludes? ------CORRECT ANSWER---------------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? ------CORRECT ANSWER---------------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 ------ CORRECT ANSWER---------------Employer Standard Industrial Classification (SIC) used to rate business risks and ___ for workers compensation, as well as liability and risk insurance ------ CORRECT ANSWER---------------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? What is the base penalty for failure to report a fatality or catastrophe within 8 hours? ------CORRECT ANSWER---------------$13,494 If the contractor only partially abates a violation issued by OSHA within 30 days, how much can the penalty be reduced? ------CORRECT ANSWER---- -----------By 20 percent to 40 percent What are the exceptions for the requirement of a protective systems when excavating? ------CORRECT ANSWER---------------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? ------CORRECT ANSWER---------------By an identifying mark of some kind Why are synthetic fiber ropes generally not used in rigging? ------ CORRECT ANSWER---------------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? ------CORRECT ANSWER---------------Nylon Rope When a rope is used for hoisting or supporting personnel, what safety factor must be used? ------CORRECT ANSWER---------------A safety factor of "10" What type of splice should be used to prevent strands at the end of the rope from unlaying? ------CORRECT ANSWER---------------Back Splice How much do knots, bends and hitchers reduce rope strength? ------ CORRECT ANSWER---------------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? ------CORRECT ANSWER--------------- Regularly inspecting every foot of rope What are the two broad categories of wire ropes? ------CORRECT ANSWER---------------Preformed and non-preformed What are the two most commonly used shackles in rigging? ------ CORRECT ANSWER---------------The anchor (bow type) and chain (D-type) What are the three essential terms of a construction contract? ------ CORRECT ANSWER---------------Quality, time and price What are two types of unlawful contracts? ------CORRECT ANSWER--------- ------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 ___ ------CORRECT ANSWER---------------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 ___ ------CORRECT ANSWER-------- -------Qualification What type of contract requires the entity contracting the work to be responsible for both the design and construction? ------CORRECT ANSWER---------------Design/Build Contract What are four most common types of business structures? ------CORRECT ANSWER---------------Sole Proprietorship, Partnership, Joint Venture & Corporation The accounting equation known as Assets equals ------CORRECT ANSWER---------------Liabilities and Equity How often is a certified or registered contractor required to renew licensure? ------CORRECT ANSWER---------------Every Two Years What must occur before law enforcement can be dispatched, if a residential or commercial intrusion/burglary alarm with central monitoring services receives an alarm? ------CORRECT ANSWER---------------Attempt to confirm the alarm signal by call, text, or other electronic means made to the owner, occupant or authorized designee According to 489, the fee for an applicant submitting an initial application may not exceed how much? ------CORRECT ANSWER---------------$150 If the board imposes a civil penalty for a violation of Chapter 489, F.S., or of the rules, how many days does the contractor have to pay the penalty imposed to remain in compliance? ------CORRECT ANSWER---------------30 days According to the administrative code, if a business has a financially responsible officer other than the qualifier, what additional requirement must they also demonstrate? ------CORRECT ANSWER---------------A bond or irrevocable letter of credit, in the amount of $100,00 payable to the board for fines and costs What may the board require as an additional penalty, if they find that a contractor committed a violation because of lack of knowledge or understanding of the laws and rules? ------CORRECT ANSWER--------------- Additional continuing education hours in excess of the credit hours required for biennial renewal What two areas of violations, does the "board" consider appropriate for mediation? ------CORRECT ANSWER---------------License number not listed where required & any complaint that is based on non-completion of contract for not having a final inspection done What is the estimated gallons per day for a residence with 4 bedrooms and 3000 SQ ft of building area to determine the size sewage system? ------ CORRECT ANSWER---------------400 gallons per day What is the method of accounting where revenue and expenses are recorded when earned or incurred, rather than when the cash is actually received or paid? ------CORRECT ANSWER---------------Accrual method How can a limited partner lose immunity for partnership debts beyond the invested amount? ------CORRECT ANSWER---------------By managing or becoming involved in the day-to-day operations of the business What are the responsibilities of a "Financially Responsible Officer"? ------ CORRECT ANSWER---------------Assume personal responsibility for all financial aspects of the business organization A Contractor who receives, as initial payment, money totaling more than 10 percent of the contract price must apply for permits and begin work within how many days? ------CORRECT ANSWER---------------Apply for permits within 30 days & start the work within 90 days after permits are issued What is the result of failure to pay a civil penalty within the specified period? ------CORRECT ANSWER---------------The licensee shall surrender his/her licensure How many years must a license retain records on the completion of continuing education requirements? ------CORRECT ANSWER---------------3 years What must an applicant do if they fail to obtain a passing score on any portion of the exam more than 3 times? ------CORRECT ANSWER------------ ---Complete a minimum of 7 hours of continuing education courses in area(s) in which exam score of 75% was not achieved When can a "Sanitary Pit Privy" be utilized? ------CORRECT ANSWER------ ---------Only at remote locations where electrical service is unavailable Investments or withdrawals by the owner and earnings or losses by the company result in what? ------CORRECT ANSWER---------------Changes in equity What is the goal of recording income & expenses when they are incurred, rather than when they are actually paid? ------CORRECT ANSWER----------- ----To accurately match earnings with the events that resulted in the earnings What is the simplest form of a business organization? ------CORRECT ANSWER---------------Sole Proprietorship What are the two types of partnerships? ------CORRECT ANSWER----------- ----General partnership and limited partnership What is the fee for a site evaluation by the County Department of Health? -- ----CORRECT ANSWER---------------$115 A statement which shows the earnings earned over any particular period of time is called an ____? ------CORRECT ANSWER---------------Income statement What type of business structure should be formed for a single transaction with two or more entities seeking a profit? ------CORRECT ANSWER--------- ------Joint venture Where is a licensed contractor required to place the state issued license number? ------CORRECT ANSWER---------------On all building permits & any advertisements including vehicles How much could a contractor be fined for committing fraud or deceit in the field of contracting? ------CORRECT ANSWER---------------$2,500 - $10,000 What information may be included in the periodical published by the department? ------CORRECT ANSWER---------------A summary of final orders resulting in fines, suspensions, or revocations What is the purpose of the Florida Homeowners' Construction Recovery fund? ------CORRECT ANSWER---------------It is a fund for homeowners to recover payments, up to a limited amount Applicants for "General or building contractor" must have commercial experience in what specific areas? ------CORRECT ANSWER--------------- Foundations or Slabs in excess of twenty thousand (20,000) square feet, masonry walls, steel erection, elevated slabs, precast concrete structures, column erection, formwork for structural reinforced concrete If a person wishes to become a "Certified Electrical Contractor" what percentage of their expense must be in 3-phase service? ------CORRECT ANSWER---------------40% The recording of business and financial data in a prescribed manner is known as ___? ------CORRECT ANSWER---------------Bookkeeping Where are transactions recorded before they are recorded on the financial statements and why? ------CORRECT ANSWER---------------In a journal What business structure is the most expensive to organize? ------ CORRECT ANSWER---------------Corporation After how many days of no activity on a job site, without just cause, would a project be considered abandoned? ------CORRECT ANSWER---------------90 days Based on the definition of a "building Contractor" in Florida State Statute 489, what construction services is a "Building Contractor" limited to? ------ CORRECT ANSWER---------------Commercial buildings and single-dwelling or multiple-dwelling residential buildings, up to three stories in height If an electrical contractor is found to be in noncompliance of "Chapter 440" they must provide a certification of compliance and pay an administrative fine of ___? ------CORRECT ANSWER---------------$500 If a contractor fails to include a certification number when submitting an advertisement for publication, what is the minimum fine the board will assess? ------CORRECT ANSWER---------------$100 A "joint venture" of one or more participants, who are not licensed contractors, must sign a "statement of authority" giving which party full authority to conduct contracting activities? ------CORRECT ANSWER-------- -------The licensed contractor What is the minimum policy limit for public liability insurance for electrical contractors? ------CORRECT ANSWER---------------$100,00 per person, $300,00 per occurrence ____ is primarily concerned with design of the system of records, the preparation of reports based on the recorded data, and the review and interpretation of the reports ------CORRECT ANSWER--------------- Accounting Current and fixed assets, current and long-term liabilities, and equity are categories found in ___? ------CORRECT ANSWER---------------The balance sheet To become licensed as a certified construction contractor, an applicant must submit an application and pass an examination administered by? ------ CORRECT ANSWER---------------Department of business and professional regulation What is the minimum age for obtaining a contractor's license? ------ CORRECT ANSWER---------------18 What happens if an applicant for a certified Electrical or Alarm system contractor fails the test three times? ------CORRECT ANSWER--------------- They must complete additional courses in the areas of deficiency, submit new application and pay appropriate fees What is required for an employee of a licensed plumber working on a medical gas installation? ------CORRECT ANSWER---------------8-hours of both classroom and practical work medical gas course Division I applicants that cannot demonstrate a credit score, FICO of 660 or higher must provide a financial stability bond or irrevocable letter of credit in what amount? ------CORRECT ANSWER---------------$20,000 How can an applicant that is required to supply a financial stability bond or letter of credit reduce the amount? ------CORRECT ANSWER---------------By completing a 14-hour financial responsibility course approved by the board How does a sole proprietorship, partner or corporate officer in a business actively engaged in the construction industry become exempt from the provisions of the workers' compensation? ------CORRECT ANSWER--------- ------By filing a Construction Industry Notice of Election to be Exempt with the Division of Workers' Compensation of the Department of Labor and Employment Security What are the minimum amounts of public liability and property damage insurance a general or building contractor must have? ------CORRECT ANSWER---------------$300,000 liability/ $50,000 property damage _____ measure of how much money the company owes to others that must be paid within 1 year? ------CORRECT ANSWER---------------Current liabilities When are "operating expenses" incurred? ------CORRECT ANSWER--------- ------While providing the goods or services the company sells Expenses incurred in the administration of the business that do not particularly relate to providing particular goods or services are knows as ___? ------CORRECT ANSWER---------------Administrative expenses What type of expense is insurance considered? ------CORRECT ANSWER- --------------Prepaid expenses Allocating the cost of a piece of equipment over its useful life is __? ------ CORRECT ANSWER---------------Depreciation What is "MACRS" and what is it used for? ------CORRECT ANSWER--------- ------Modified Accelerated Cost Recovery System and it's a used asset depreciation cost recovery How can a contractor expense an automobile that is used wholly or partially for business purposes without the complexity of keeping track of an automobile expenses and computing annual depreciation deductions? ------ CORRECT ANSWER---------------Tracking mileage used in the course of business and the applicable IRS mileage deduction rate How much can be deducted on a depreciating luxury vehicle on year 3 if it was used for business only 80% of the time? ------CORRECT ANSWER----- ----------$7,760 ____ is another way of saying "depreciation" and implies that the cost of an item is written off in equal amounts over a period of time. ------CORRECT ANSWER---------------Amortization What is the process called when a lengthy journal entry is made which makes the revenue and expense account balances go to zero, takes what is left over (the year's income) and makes it a new account under equity on the balance sheet called previous years earnings? ------CORRECT ANSWER---------------Closing the books Corporations may pay owners dividends in stock, a dividend that is usually fixed in amount or percent is know as ______. ------CORRECT ANSWER--- ------------Preferred stock Who can initiate a "Change Order"? ------CORRECT ANSWER--------------- The owner or contractor To compute the percentage by dividing the total costs incurred to date by the total estimated contract costs is the _____ ------CORRECT ANSWER--- ------------Percentage of completion method Under the ___, no profit is recognized until the contract is fully or very nearly completed ------CORRECT ANSWER---------------Completed Contract Method Liquidity, Leverage, Activity, Profitability are four types of ___ ------ CORRECT ANSWER---------------Financial ratios _____ provide indication regarding how effectively the company is being managed ------CORRECT ANSWER---------------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 ------CORRECT ANSWER---------------The copeland act What documents must your company submit weekly to maintain compliance on a project subject to the Davis Bacon Act? ------CORRECT ANSWER---------------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? ------CORRECT ANSWER------- --------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 ______. ------CORRECT ANSWER--------------- $1,000 and/or one year in prison for each false statement What is the Medicare tax rate for 2020? ------CORRECT ANSWER------------ ---1.45% When hiring a new employee, what form must the applicant complete to confirm " Employment Eligibility"? ------CORRECT ANSWER---------------I-9 If a payee fails to furnish their correct taxpayer identification number, how much are you required to withhold from payment? ------CORRECT ANSWER---------------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? ------CORRECT ANSWER---------------$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 ------CORRECT ANSWER---------------By January 31st What must an employer obtain in order to report employment taxes or provide tax statements to employees? ------CORRECT ANSWER-------------- -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 ___ ------CORRECT ANSWER--------------- Supplemental wages If an employer uses an outside payroll service provider, who is responsible for tax liabilities? ------CORRECT ANSWER---------------The employer What is the "FUTA" tax rate? ------CORRECT ANSWER---------------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? ------ CORRECT ANSWER---------------Speculative risk and pure risk ____ is the process of making decisions to minimize the effects that accidental losses may have on an organization ------CORRECT ANSWER-- -------------Risk management What are the three causes of loss under which property insurance may be purchased? ------CORRECT ANSWER---------------Basic, broad form and special perils Surety bonds are required in order to protect the funds of the ___ in the event the contractor fails to perform the work ------CORRECT ANSWER----- ----------Taxpayer or private owner What are the two types of bid bonds? ------CORRECT ANSWER--------------- 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 ------CORRECT ANSWER---------------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 ------CORRECT ANSWER---------------Maintenance What are the three "C"s of underwriting? ------CORRECT ANSWER---------- -----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 __ ------CORRECT ANSWER------------- --A continuity provision agreement What are the three methods used to prepare a financial statement? ------ CORRECT ANSWER---------------Audit, review or compilation Cash, Completed Contract, Pure Accrual, or Percentage of Completion are four methods of ______. ------CORRECT ANSWER---------------Income recognition How much does "The SBA Bond Guaranty Program" charge the contractor per thousand? ------CORRECT ANSWER---------------7.29 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 ___ ------CORRECT ANSWER------ ---------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? ------ CORRECT ANSWER---------------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? ------CORRECT ANSWER---------------Davis-Bacon Act Under which Florida Law are Union Shop, Agency Shop and Maintenance of Membership agreements prohibited? ------CORRECT ANSWER------------ ---Florida Right to Work Laws Who specifically does the Equal Pay Act protect? ------CORRECT ANSWER---------------Female employees Who does the ADA protect? ------CORRECT ANSWER--------------- Employees with disabilities Which employment act promotes workplace safety? ------CORRECT ANSWER---------------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? ------CORRECT ANSWER---------------The Fair Credit Reporting Act What does the Consolidated Omnibus Budget Reconciliation Act (COBRA) provide to employees that have severed employment from a company? ----- -CORRECT ANSWER---------------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? ------CORRECT ANSWER---------------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 ------ CORRECT ANSWER---------------Particularly Hazardous 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). ------CORRECT ANSWER------------ ---Five What is the minimum salary for professional employees within the contiguous U.S. ? ------CORRECT ANSWER---------------$455 How would an employee be classified per the FLSA when they are highly compensated, and their primary duty is performing plumbing work? ------ CORRECT ANSWER---------------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? ------ CORRECT ANSWER---------------By reimbursing the employee for the improper deduction What does the term "customarily and regularly" mean when defining a salary or hourly employee? ------CORRECT ANSWER--------------- 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? ------CORRECT ANSWER---------------18 years of age What should an employer do to prevent an unintentional violation of the child labor provisions? ------CORRECT ANSWER---------------Keep an employment or age certificate on file Who enforces the provisions of child labor? ------CORRECT ANSWER------- --------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? ------CORRECT ANSWER---------------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? ------CORRECT ANSWER---- -----------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? ------CORRECT ANSWER---------------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? ------CORRECT ANSWER---------------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? ------ CORRECT ANSWER---------------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 ------CORRECT ANSWER---------------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 ______. ------CORRECT ANSWER---------------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? ------CORRECT ANSWER---------------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 __ ------CORRECT ANSWER---------------Reemployment assistance Who must file an Employer's Quarterly Report (RT-6)? ------CORRECT ANSWER---------------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)? --- ---CORRECT ANSWER---------------Total wages paid to covered workers, excess wages, taxable wages, and tax due coverage, what can the losing contractor do? ------CORRECT ANSWER---- -----------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? ------CORRECT ANSWER---------------Your business can be closed down What is one major consideration that could impact workers compensation? ------CORRECT ANSWER---------------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? ------CORRECT ANSWER--------------- Benefits can be denied If an employee dies on the job, what is the maximum amount paid to beneficiaries? ------CORRECT ANSWER---------------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? ------CORRECT ANSWER-------- -------Two/thirds of his average or maximum of $863 What is the maximum possible reduction in workers compensation benefits if an employee fails to comply with safety rules and regulations? ------ CORRECT ANSWER---------------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? ------CORRECT ANSWER---------------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? ------CORRECT ANSWER---------------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? ------CORRECT ANSWER------------ ---two years and six months What is the maximum penalty for violating any of the rule for reporting accidents? ------CORRECT ANSWER---------------Up to $500 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? ------CORRECT ANSWER--- ------------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? ------ CORRECT ANSWER---------------Job descriptions What are two factors that impact the cost of workers compensation premiums? ------CORRECT ANSWER---------------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 ------CORRECT ANSWER---------------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 ------CORRECT ANSWER---------------Experience modification factor What document must a person wishing to claim exemption provide to obtain or renew a "Certification of Exemption" for Workers compensation? - -----CORRECT ANSWER---------------A state driver license or Florida ID How many employees can construction company employee before workers' compensation is required? ------CORRECT ANSWER--------------- 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 ____ ------ CORRECT ANSWER---------------A business owner or an employee of a business Per Chapter 440, Definitions, __- refers to an employee that is employed for 10 or less days for a total cost of less than $500 ------CORRECT ANSWER---------------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 __ ------CORRECT ANSWER---------------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 ------CORRECT ANSWER--------------- 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? --- ---CORRECT ANSWER---------------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? ------CORRECT ANSWER---------------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? ------CORRECT ANSWER--------------- The employee voluntarily entered the program How long must the specimen of a positive drug test result be retained? ----- -CORRECT ANSWER---------------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? --- ---CORRECT ANSWER---------------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? ------CORRECT ANSWER---------------$5,000 per employee How does an injured employee request a change of physician? ------ CORRECT ANSWER---------------Through a written request In any dispute, the carrier or employee may select an "independent medical examiner." Who bears the cost for the examination? ------CORRECT ANSWER---------------The party requesting and selecting the independent medical examination In the event of Permanent Total Disability, what compensation will the employee receive? ------CORRECT ANSWER---------------66% of the average weekly wages If an employee receives an impairment rating of 32%, how many weeks of benefits do they receive? ------CORRECT ANSWER---------------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? ------CORRECT ANSWER---------------$7,500 When the construction manager contracts with the trades on the construction manager's account, then the construction manager is identified as a ___ ------CORRECT ANSWER---------------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 ____ ------CORRECT ANSWER---------------Integrated Project Delivery (IDP) Who are the primary team members on an integrated project delivery system? ------CORRECT ANSWER---------------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 ------CORRECT ANSWER---------------Condition Warranty of title , Warranty of habitability, and condominium statutory warranties are all known as ____ ------CORRECT ANSWER--------------- Implied Warranties Why would a business include an alternative dispute resolution process in their contracts? ------CORRECT ANSWER---------------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? ------CORRECT ANSWER---------------The architect What are two benefits of using a "private trial resolution judge" for a contract dispute? ------CORRECT ANSWER---------------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? ------ CORRECT ANSWER---------------Five years How long can the "Statue of Response" extend the "Statue of Limitations" in the event of a latent defect? ------CORRECT ANSWER---------------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? ------CORRECT ANSWER--------------- 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? ------CORRECT ANSWER------------- --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 ------ CORRECT ANSWER---------------Construction lien What are the two elements of a construction lien? ------CORRECT ANSWER---------------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? ------CORRECT ANSWER---------------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? ------CORRECT ANSWER---------------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? ------ CORRECT ANSWER---------------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? ------CORRECT ANSWER---------------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 ___ ------CORRECT ANSWER------------- --The notice of commencement When must the notice of commencement be recorded? ------CORRECT ANSWER---------------Before construction starts, but not sooner than 90 days before construction starts How long is a Notice of Commencement effective unless otherwise noted? ------CORRECT ANSWER---------------One year from date of recording If the owner of a project changes contractors, what must happen with the Notice of Commencement? ------CORRECT ANSWER---------------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? ------CORRECT ANSWER-------- -------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? ------ CORRECT ANSWER---------------The first priority is the liens of laborers What is the quickest way to clear a title from a lien, other than to satisfy it? - -----CORRECT ANSWER---------------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? ------CORRECT ANSWER------------ ---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? ------CORRECT ANSWER---------------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? ------CORRECT ANSWER----------- ----45 days Which party produces an "Exemptory Payment Bond" and when must it be provided? ------CORRECT ANSWER---------------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? ------CORRECT ANSWER------ ---------A valid contingent payment clause After beginning a project, how long does a contractor have to record a claim of lien? ------CORRECT ANSWER---------------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? ------CORRECT ANSWER-------- -------A lienor is required to record only one claim of lien Where is the notice of commencement filed or posted? ------CORRECT ANSWER---------------In the clerk's office Who signs the Notice of Commencement? ------CORRECT ANSWER-------- -------The owner When must the applicant for a "building permit" file a certified copy of the recorded notice of commencement? ------CORRECT ANSWER--------------- Prior to the first inspection What is the duration of a lien? ------CORRECT ANSWER---------------1 year What is a contractor provided when a construction project is solicited for bidding? ------CORRECT ANSWER---------------Plans and specifications for the project When bidding a project, how should discrepancies between the plans and specifications be resolved? ------CORRECT ANSWER---------------In a request for Information (RFI) What facility subgroup is concrete classified in the specifications (CSI) in a bid package? ------CORRECT ANSWER---------------Division 03 What is the first section of CSI Master format Division 00 called? ------ CORRECT ANSWER---------------The General Clauses and Conditions section Where can information regarding bidder's qualifications, payment and performance bonds, specialized insurances and/or certifications be found? ------CORRECT ANSWER---------------Instructions to Bidders What is the legal instrument that binds the prime contractor to the owner and/or the subcontractor to the prime contractor ------CORRECT ANSWER- --------------Proposal What section of the contract documents contains "Coordination of Work"? - -----CORRECT ANSWER---------------General Conditions Square footage, detailed survey or piece method, unit price, and approximate estimates are ______. ------CORRECT ANSWER--------------- Methods of estimating What are the first tasks prepared by the Project Manager after the award of a contract? ------CORRECT ANSWER---------------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? ------CORRECT ANSWER---- -----------A Critical Path Schedule On a standard subcontract agreement, when does article B apply? ------ CORRECT ANSWER---------------When a subcontractor is in default Who should be able to understand construction processes, have communication skills, and be able to interpret contract documents? ------ CORRECT ANSWER---------------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 ___ ------CORRECT ANSWER---------------Mechanic's lien What is the metric equivalent to a 1/2" ------CORRECT ANSWER-------------- -10 mm Government regulations do not clearly assign environmental compliance responsibilities to the Owner or the Contractor, however both can be held liable for ____ ------CORRECT ANSWER---------------Failure to comply What is the maximum allowed, per day penalty for Environmental Non- Compliance? ------CORRECT ANSWER---------------$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? ------CORRECT ANSWER------ ---------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? ------CORRECT ANSWER---------------24 hours If a contractor is planning to burn the debris from clearing the land, the burner must obtain a authorization from where? ------CORRECT ANSWER- --------------The Florida division of Forestry All of the following are true regarding a general partnership except: ------ CORRECT ANSWER---------------there is a potential of double taxation on earnings A joint venture is: ------CORRECT ANSWER---------------two or more persons or entities jointly seeking a profit in some specific venture without an actual partnership or corporation designation Which of the following is true regarding a joint venture? ------CORRECT ANSWER---------------a joint venture is generally limited to a single transaction One of the advantages of a standard corporation is: ------CORRECT ANSWER---------------fringe benefits are tax deductible Which of the following statements is true concerning an S Corporation? ----- -CORRECT ANSWER---------------Only individuals or estates can be shareholders. Which of the following is an advantage of an S Corporation? ------ CORRECT ANSWER---------------as sole proprietors, income or losses are reported as to an individual taxpayer. Which of the following is an advantage of a regular corporation? ------ CORRECT ANSWER---------------tax deductible fringe benefits A person may engage in business under a fictitious name by registering the name with the: ------CORRECT ANSWER---------------Division of Corporations How long is a registered fictitious name valid for? ------CORRECT ANSWER---------------5 years According to the Florida Contractors Manual, a Model Business Plan should include an equity structure of total ownership divided by total capitalization of a ____ ratio. ------CORRECT ANSWER---------------1 to 1 Which of the following is NOT an IRS category used to define independent contractors? ------CORRECT ANSWER---------------first degree misdemeanor Engaging in contracting services or holding oneself out to be a contractor without first obtaining a license is a violation of Florida law and is considered a ____ for a first offense. ------CORRECT ANSWER--------------- first degree misdemeanor The maximum amount of compensation that a consumer is entitled to if injured on a job site due to an unlicensed contractor's negligence is: ------ CORRECT ANSWER---------------triple the amount of damages, plus attorney's fees Which of the following must be true for a person to qualify for a state certification of competency? ------CORRECT ANSWER---------------be of good moral character, be at least 18 years of age and pass an examination Which of the following licenses and/or certifications is necessary to engage in the business of installation, improvement, repair or maintenance of any tubing, pipe or similar conduit used to transport gas for medical purposes? ------CORRECT ANSWER---------------a plumbing contractor with medical gas certification All certified contractors must carry and maintain what type of insurance in order to work in the state of Florida? ------CORRECT ANSWER--------------- public liability and property damage in the amounts as set by the board As a prerequisite to initial licensure or the renewal of a license as certified or registered contractor, general and building contractors must carry a minimum insurance amount of: ------CORRECT ANSWER--------------- $300,000 liability/$50,000 property damage Every certified and registered contractor must complete a minimum of ___ hours of continuing education during every two-year license cycle. ------ CORRECT ANSWER---------------14 When the sole qualifying agent leaves the employ of a business organization, the organization must replace the qualifying agent within: ----- -CORRECT ANSWER---------------60 days A qualifying agent for a business organization: ------CORRECT ANSWER--- ------------is legally qualified to act for the business in all matters connected with contracting A maximum of------ of the required continuing education hours can be fulfilled by the performance of pro bona services to the indigent or to underserved populations within the state where the licensee practices. ------ CORRECT ANSWER---------------25% According to Florida Statutes Chapter 455, the Board shall keep an accurate record of each applicant's examination questions, answers, papers, grades, and grading key for a period of not less than ____ immediately following the examination. ------CORRECT ANSWER------------- --2 years Each continuing education provider shall retain all records relating to a licensee's completion of continuing education courses for at least ____ after completion of a course. ------CORRECT ANSWER---------------4 years Foreign-trained professionals shall be eligible for professional examinations in Florida provided hey immigrated to the United States because of political reasons and their home country is located in: ------CORRECT ANSWER---------------the Western Hemisphere What is the maximum fee the Board may charge for the issuance of a duplicate license? ------CORRECT ANSWER---------------$25 No license shall go through the mediation process more than ____ times without the approval of the Department. ------CORRECT ANSWER------------ ---3 A citation issues by the Board to a license shall become a final order unless the licensee disputes the matter the citation with the Board within: ------ CORRECT ANSWER---------------30 days after the citation is served The board must issue citation within-----after the filing of complaint that is the basis of the citation. ------CORRECT ANSWER---------------6 months Within how many days shall a licensee respond after service of a notice that the Board is investigating a complaint filed against the licensee? ------ CORRECT ANSWER---------------20 Due process protection shall be provided for disciplinary action taken against locally licensed contractors. A clear statement informing the contractor of the right to appeal the action against the local license, and of the right of the contactor to challenge the recommendation to the: ------CORRECT ANSWER---------------Construction Industry Licensing Board According to Contractors Manual, which formula is correct? ------CORRECT ANSWER---------------Assets- Liabilities = Owner's Equity According to Florida Contractors Manual, accounts receivable are classified as: ------CORRECT ANSWER---------------assets Which of the following statements shows the earnings earned over any particular period of time? ------CORRECT ANSWER---------------Income Statement According to Contractors Manual, the ___ is a company's primary record of all its business transactions. ------CORRECT ANSWER---------------journal According to Contractors Manual, which one of the following is NOT a category of the income statement? ------CORRECT ANSWER--------------- accounts receivable According to Contractors Manual, real estate may be depreciated using: ---- --CORRECT ANSWER---------------a straight line method According to Contractors Manual, ___ are billings that have been sent out by a construction company, but which have not been paid. ------CORRECT ANSWER---------------accounts receivable According to Contractors Manual, what is the method of accounting that keeps track of each individual invoice, together with each partial payment made against it, provides sufficient detail to allow calculations of interest charges on overdue receivables and take advantage of discounts offered by suppliers for early payment of their invoices ? ------CORRECT ANSWER---------------open invoice method The difference between salaried workers and hourly wage workers is: ------ CORRECT ANSWER---------------salaried workers receive the same base amount every pay period Federal unemployment taxes (FUTA) and Florida state unemployment taxes (SUTA): ------CORRECT ANSWER---------------are paid by the employer only To remit FUTA payments to the IRS, it is required that you send: ------ CORRECT ANSWER---------------a separate check When a supplier sends goods "FOB" from the supply house, the ownership passes from the supplier to the company: ------CORRECT ANSWER--------- ------at the point of delivery What is the simplest method of controlling inventory? ------CORRECT ANSWER---------------average cost A material supplier sells $5,000 worth of materials to a construction company that is not tax exempt. According to the Contractors Manual, who is responsible for the collection and reporting of the state sales tax when the material is purchased? ------CORRECT ANSWER---------------the supplier When it comes time to remit your state and local taxes to the government, you must remit: ------CORRECT ANSWER---------------the total amount collected for both to the state government Expanding a business usually requires a great deal of capital to purchase new equipment, buildings or to obtain long term financing. To qualify for expansion financing, financial institutes typically require that you have been in business at least ____ , while ____ is preferred. ------CORRECT ANSWER---------------2 years; 5 years What is the term for the effective annual rate of interest which will be paid on the principal borrowed? ------CORRECT ANSWER---------------rate The actual amount of cash received in a discount loan will be less than the principal amount due at the end of the loan. The difference between the cash received and the principal due at the end of a loan is known as the: --- ---CORRECT ANSWER---------------discount When determining dollar amounts for payroll deductions which IRS publication or form would be most helpful? ------CORRECT ANSWER-------- -------Circular E According to Contractors Manual, on which of the following items must a contractor pay Florida sales tax, if it is excluded on the invoice amount? ---- --CORRECT ANSWER---------------invoice from a drywall material supplier Which of the following is not one of the basic methods of revenue recognition? ------CORRECT ANSWER---------------Credit Method According to Contractors Manual, when a contractor fails to complete a project within a specified time, a contract penalty clause often calls for: ----- -CORRECT ANSWER---------------liquidated damages What determines the amount of liquidated damages? ------CORRECT ANSWER---------------owner costs Contractors found to be in willful violation of the Davis-Bacon Act face being debarred from participating in Davis-Bacon Act contracts for up to ____ months. ------CORRECT ANSWER---------------36 When hiring a new employee you must: ------CORRECT ANSWER------------ ---all of the above A construction company used a number of independent contractors that were not employees of the company to perform various jobs. Each of these jobs involved payments in excess of $600 to the independent contractors performing the work. What is the construction company's responsibility for reporting the earnings paid to these independent contractors? ------ CORRECT ANSWER---------------the company must file Form 1099-MISC to report total payments of $600 or more to these contractors According to the Internal Revenue Service, employers must keep all records of employment taxes for at least ___ years. ------CORRECT ANSWER---------------4 According to Circular E, Employer's Tax Guide, Copy A of all Forms W-2 shall be sent to the Social Security Administration by the last day of____ the following year. ------CORRECT ANSWER---------------February A contractor is filing Form 941 for taxes which were withheld from employees for the first quarter of the year (January, February, and March). All the taxes were deposited when due. According to Circular E, Employer's Tax Guide, the latest date that the contractor can file this return is: ------ CORRECT ANSWER---------------May 10 Which of the following wages would not be subject to Federal Unemployment tax paid by the employer? ------CORRECT ANSWER--------- ------wages paid to a child under the age of 21 employed by parent Until when does Form W-4, Employee's Withholding allowance Certificate, remain in effect? ------CORRECT ANSWER---------------until the employee gives the employer a new Form W-4 What is the total Medicare tax rate withheld for both employer and employee? ------CORRECT ANSWER---------------2.90% How many business days does a semi-weekly depositor have to deposit withholding taxes? ------CORRECT ANSWER---------------3 The Internal Revenue Service will deem the deposits made by Electronic Federal Tax Payment System (EFTPS) for social security, Medicare and withholding income taxes to be timely if the taxpayer initiates the deposit by ___ a deposit is due. ------CORRECT ANSWER---------------8pm Eastern time the day before the date An employer is subject to Federal Unemployment Tax (FUTA tax) if the employer paid: ------CORRECT ANSWER---------------$1, 500 in wages or more in any calendar quarter According to the Federal Unemployment Tax Act, if an employer acquired a business from another employer who was liable for FUT A tax, you may: --- ---CORRECT ANSWER---------------count the wages that employer paid to the employees who continue to work for you when you figure the $7,000 wage base What is a surety company's maximum obligation on a $100,000 combined Performance and Payment Bond? ------CORRECT ANSWER--------------- $100,000 Typically, a surety company will request year-end financial statements for review of the last__________ years to secure a bond. ------CORRECT ANSWER---------------3 What are the three C's of underwriting that the surety industry considers before a contractor can acquire a bond? ------CORRECT ANSWER----------- ----capital, character and capacity Which method of preparation for financial statements is most extensive? --- ---CORRECT ANSWER---------------audit When securing a bond through the Small Business Administration Guaranty Program, the contractor will be charged an additional ____ per thousand over the standard bond rates. ------CORRECT ANSWER------------ ---$7.29 According to the Age Discrimination in Employment Act, employees 40 years or older cannot be treated differently unless _________ ------ CORRECT ANSWER---------------the employer can legally justify its action The Americans with Disabilities Act of 1990 (ADA): ------CORRECT ANSWER---------------protects employees with disabilities against discrimination According to Contractors Manual, an unfair labor practice charge must be received by the regional office with jurisdiction over the area where this alleged unfair labor practice occurred. What is the time limit to file this charge? ------CORRECT ANSWER---------------6 months A non-union contractor is considering the possibilities of a collective union bargaining agreement with the union. What amount of support will the contractor need from the employees, if the contractor decides to sign a collective bargaining agreement with the union? ------CORRECT ANSWER- --------------the contractor is not required to have the support of the employees According to Contractors Manual, all of the following are prohibition agreements under Florida's Right to Work Law except: ------CORRECT ANSWER---------------federal enclaves agreements Basically, coverage of the FLSA extends to all employees in businesses with annual gross sales of not less than: ------CORRECT ANSWER----------- ----$500,000 According to Fair Labor Standards Act, which of the following will eliminate the contractor's liability for paying overtime pay? ------CORRECT ANSWER---------------a salesman who is customarily and regularly engaged away from the employer's place of business and qualifies as exempt A non-exempt hourly employee is paid on a bi-weekly basis. If he works 35 hours the first week of the pay period and 54 hours the second week of the pay period what options does the employer have regarding his compensation? ------CORRECT ANSWER---------------include 14 hours of overtime pay in the employees' paycheck According to Fair Labor Standards Act, which will eliminate the contractor's liability for paying overtime pay? ------CORRECT ANSWER---------------an outside salesperson who works on straight commission and qualifies as exempt According to Contractors Manual, which of the following is not in accordance with the requirements for an executive being granted an exemption from the Fair Labor Standards Act? ------CORRECT ANSWER--- ------------receives a salary of $900 per week Employers are required by regulation to keep so-called "hard records" such as payroll, employment contracts or agreements, and sales and purchase records for at least_____________ ------CORRECT ANSWER---------------3 What is the statute of limitations for willful payroll recordkeeping violations according to the Wage and Hour Division of the U. S. Department of Labor? ------CORRECT ANSWER---------------3 years The Secretary of Labor has specifically prohibited the employment of anyone in construction under the age of: ------CORRECT ANSWER----------- ----16 The Employment and Training of Veterans Act applies to government contractors and subcontractors with contracts worth at least: ------ CORRECT ANSWER---------------$100,000 The Drug-Free Workplace Act of 1988: ------CORRECT ANSWER------------- --does not require drug testing The Employee Polygraph Protection Act prohibits employers from requiring employees or job applicants from taking a lie detector test unless the testing of an employee is: ------CORRECT ANSWER---------------in connection with an ongoing investigation involving economic loss to the employer's business In reference to unemployment compensation benefits, misconduct connected with work includes all of the following except: ------CORRECT ANSWER---------------negligence and poor judgment in isolated instances According to Florida Unemployment Compensation Laws, failure to file reports when due will result in the imposition of a penalty of ___ per report for each 30 day period ( or fraction thereof) that the report is late. ------ CORRECT ANSWER---------------$25 Under Florida Law, what is the penalty for a first violation of an employer utilizing aliens not duly authorized to work by immigration laws? ------ CORRECT ANSWER---------------civil fine of $500 regardless of number of aliens A ____ is necessary for an employer's agent or representative to receive confidential information and to act on behalf of the employer about matters relating to the Florida Reemployment Assistance Program. ------CORRECT ANSWER---------------Power of Attorney According to the Florida Unemployment Compensation Employer Handbook, wages paid for services performed by a stepchild could be exempt from unemployment taxes provided the: ------CORRECT ANSWER- --------------business entity is a non-corporation According to Florida Unemployment Compensation Employer Handbook, Cafeteria Payment plans are exempt if they are: ------CORRECT ANSWER- --------------not reportable to the Internal Revenue Service According to the Florida Unemployment Compensation Employer Handbook, one of the most important ways to save money is to receive credit for timely reporting of taxable wages that are used in the computation of an employer's tax wage. The timely reported wage credits are divided into the benefits charged to an employer's account over a prior ____ year period. ------CORRECT ANSWER---------------three According to the Florida Unemployment Compensation Employer Handbook, unpaid taxes, interest or penalties may result in: ------ CORRECT ANSWER---------------a lien placed against the employer's real estate or property According to the Florida Unemployment Compensation Employer Handbook, an employer's account is ____ when the employer ceases to have payroll and notifies the Department of Revenue of the date this occurred. ------CORRECT ANSWER---------------made inactive According to the Florida Unemployment Compensation Employer Handbook, an employer must maintain true and accurate work records for a period of ____ calendar years. ------CORRECT ANSWER---------------five According to Florida Unemployment Compensation Employer Handbook, the method of determining varying tax rates assigned to tax paying employers Is referred to as ___ rating. ------CORRECT ANSWER------------- --experience According to Florida Unemployment Compensation Employer Handbook, an employer who has outstanding indebtedness billed prior to the four quarters immediately preceding the effective date of rating will be assigned a maximum tax rate of: ------CORRECT ANSWER---------------5.4% According to Florida Unemployment Compensation Employer Handbook, in order for an unemployed worker to qualify for unemployment benefits he/she must meet at a minimum all of the following during the claimant's base period except? ------CORRECT ANSWER---------------must be minimum of $3400 in the base period and the claimant must have 2.5 times the high quarter wages in the base period The Florida Workers' Compensation Act applies to contractors who employ at least: ------CORRECT ANSWER---------------1 employee A contractor hires his son on a part-time basis to work 25 hours per week. If the son is also a fulltime college student, what option does the contractor Beneficiaries of a worker killed in a covered workplace accident are entitled under Florida law to: ------CORRECT ANSWER---------------up to $150,000 in death benefits and up to $7,500 in funeral costs Under the Florida Workers' Compensation Act, after an accident has occurred, an injured employee has how long to advise the employer of the injury? ------CORRECT ANSWER---------------30 days According to the Florida Workers' Compensation Law, first aid cases requiring treatment on site that do not require medical treatment for which charges will be incurred, and do not disable the employee for more than ___ , do not need to be reported. ------CORRECT ANSWER---------------7 days Any violation of rules regarding reporting accidents to the Division of Workers' Compensation can subject the employer to a penalty of: ------ CORRECT ANSWER---------------$500 Insurance premiums on Workers' Compensation are based on employer's classification code, and per ___ of payroll. ------CORRECT ANSWER-------- -------$100.00 Which is a requirement for an employee to recover under a compulsory State Workers' Compensation Statute? ------CORRECT ANSWER------------ ---the injury must arise out of and in the course of employment An employer who willfully misrepresents an employee as an independent contractor for the purpose of avoiding Workers' Compensation premiums: -- ----CORRECT ANSWER---------------may be assessed a penalty of up to $5,000.00 What is the minimum number of days that must elapse before drug actual testing may begin after a one-time notice is given by an employer that a drug testing program is being implemented? ------CORRECT ANSWER------ ---------60 days The Division of Workers' Compensation shall impose a ____ per day fine for each day the employer conducts business operations that are in violation of a stop-work order. ------CORRECT ANSWER---------------$1000 Accident prevention programs must be initiated by whom, according to Contractors Manual? ------CORRECT ANSWER---------------employer Employers with at least ____ must maintain an OSHA 300 safety log. ------ CORRECT ANSWER---------------11 employees Where there are multiple contractors on a job without a common area, who should supply the OSHA posters? ------CORRECT ANSWER---------------all contractors Which of the following injuries is NOT required to be recorded on OSHA Form 300/300A? ------CORRECT ANSWER---------------a slight cut Recordable incidents must be entered in OSHA Form 300/300A within days of learning of its occurrence. ------CORRECT ANSWER---------------7 OSHA records must be maintained by which type of employer? ------ CORRECT ANSWER---------------self-employed persons with one or more employees ____ covers employees engaged in industries affecting interstate commerce. ------CORRECT ANSWER---------------OSHA OSHA No. 301, Supplementary Record of Occupational Injuries and Illnesses, is used to record: ------CORRECT ANSWER---------------5 years A fine and imprisonment of not more than ____ is the maximum penalty for knowingly making false statements, representations, or certification in any application, record, report, plan or other document filed as part of the OSHA requirements: ------CORRECT ANSWER---------------$10,000 and 6 months You would classify a case as an injury, rather than an illness, according to OSHA guidelines, if the case: ------CORRECT ANSWER---------------was caused by an instantaneous event Which of the following are NOT considered medical treatment? ------ CORRECT ANSWER---------------administration of booster or tetanus shots Which of the following is NOT typically a key term of a construction contract? ------CORRECT ANSWER---------------quantity A construction project has been requested by an owner and performed by a licensed contractor without having reached a contractual agreement. Which of the following statements 1s true if owner does not pay for the services provided? ------CORRECT ANSWER--- ------------the contractor can recover the reasonable value of work performed under Quantum Meruit An oral contract is valid if: ------CORRECT ANSWER---------------the contract can be performed in less than one year All of the following contracts, according to the Florida "Statute of Frauds", must be in writing to be enforced except: ------CORRECT ANSWER---------- -----a lease of real property for less than 1 year According to the Florida Contractors Manual, which form of contract is most frequently used in the construction setting? ------CORRECT ANSWER------- --------fixed price What is the term for a project where the contractor provides the design work and construction services? ------CORRECT ANSWER--------------- Design-Build Which of the following is not an implied term supplied by law if not otherwise addressed expressively in the construction agreement? ------ CORRECT ANSWER---------------price A contractual clause that provides that the subcontractor is bound to the contractor in the same fashion the contractor is bound to the owner is ____ clause. ------CORRECT ANSWER---------------a flow down A lawsuit must be brought within ___ to claim breach of a written contract: - -----CORRECT ANSWER---------------five years A lawsuit to enforce an oral contract must be brought within ___ , according to Contractors Manual: ------CORRECT ANSWER---------------4 years The time within which to sue a design professional for professional negligence is ____ from when the wrongful act occurred, or should have been discovered with the exercise of due diligence. ------CORRECT ANSWER---------------2 years Although the statute of limitations for negligence of an oral contract is four years, with respect to latent defects the statute of repose extends the statute of limitations from four years from when the defect is found to a maximum of ____ years. ------CORRECT ANSWER---------------10 Which of the following contracts between an owner and contractor is not subject to the mandatory provisions for direct contracts? ------CORRECT ANSWER---------------6-unit apartment building Florida construction lien law applies to construction: ------CORRECT ANSWER---------------on a private lease on public property In 90 days, a recorded Notice of Commencement will expire in unless: ------ CORRECT ANSWER---------------work has commenced A Notice of Commencement can be extended past one year: ------ CORRECT ANSWER---------------if it is written into the Notice of Commencement A lienor, who is served with an Affidavit of Abandonment, should record the claim of lien, whether or not previously recorded, within how many days of the date the Affidavit of Abandonment recorded by the owner? ------ CORRECT ANSWER---------------30 days Lien rights are not available for: ------CORRECT ANSWER--------------- material man supplying materials to another material man Smith Masonry is under contract with CAM Construction to provide the masonry on Mr. Adams' residence. Smith Masonry orders materials for the project from Jones Distribution who in turn purchases the materials from ACME Adhesives. Upon completion of the project, Mr. Adams refuses to pay the final invoice. Assuming all contractors and suppliers provided proper notices, who is not protected under the Florida Lien Law? ------CORRECT ANSWER---------------ACME Adhesives