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Quiz 4

Terms in this set (58)

Based on the federal Miller Act, a statute by each state that requires state contracts to include bonding for payment and performance
Little Miller Acts
An encumbrance on a property to secure payment for a debt owed by the property Owner
lien
Federal requirement for Prime Contractors to furnish bonds for payment and performance on contracts above $1,000,000
miller act
A public auction conducted by the Sheriff on a property being sold to satisfy a court-imposed judgment of debt
Sheriff's sale
A directive to a public authority to withhold payments to a Contractor until certain debts owed by the Contractor are paid
stop notice
A lien guarantees a person will ultimately be paid for the work performed on a property
false
A lien could be paid from the proceeds of a Sheriff's sale
True
A stop notice is used on non-government projects to prevent payment being processed
False
A contractor is only entitled to lien a property if they performed a physical improvement to that property.
True
The statute of limitations for filing a lien varies by state but is commonly _________ .
30-90 days
A defense put forward by defendants to show that the plaintiff agreed to take on the risk that resulted in the damages
Assumption of Risk
A law placing responsibility for damages upon the Owner of a property if children trespass and are injured due to unprotected and dangerous material, equipment, or conditions on the property
Attractive nuisance
The act or process of making something happen
Causation
The principle whereby a claim in which both parties contributed to the damages will be shared based on the amount of damages caused by each party
Comparative negligence
Two or more parties are responsible for the same damages
Contribution negligence
The party with the best financial position and thus considered capable of carrying the cost for all the parties that are responsible for certain damages
Deep pockets
A concept of defense for negligence when both parties contributed to their own damages
At Your Own Risk Defense
A method of recovery that eliminates further action for additional damages
Exclusive remedy
A statement within a contract in which the party signing the contract will not hold the entity that created the Contract responsible for injuries sustained as a result of the Contract operations
Hold Harmless clause
1972 legislation governing the release of pollutants into the waterways
Clean Water Act
1938 statute to govern work week hours and minimum pay
Fair Labor Standards act
An act intended to clean up contaminated sites as well as assess costs for doing so to appropriate parties
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)
Federal free internet resource that compares information from an applicant for verification of I-9 form
E-verify
1986 law passed to reform immigration law, granting citizenship to some immigrants while requiring employers to verify legal status of workers
Immigration Reform and Control Act
The place or vehicle where the buyer takes possession and responsibility for the item purchased
Free on Board
A 1990 law prohibiting, under certain circumstances, discrimination on the basis of disabilities
American with Disabilities Act
Regulations that require taking positive actions in regard to portions of the population that have previously suffered from discrimination practices
Affirmative Action
Defines what is and is not compensable under Fair Labor Standards Act (FLSA) related to travel to and from employment
Portal to Portal Act
An independent agency of the Federal Government to oversee labor practices between management and unions
National Labor Relations Board
Also known as merit shop, an employer that does not place the condition of being part of a union for employment
Open Shop
Issued after inspection by governing authority to recognize a structure can be occupied for its intended use
Certificate of Occupancy
A 1967 law prohibiting discrimination of anyone on the basis of age
Age Discrimination in Employment act
Documents detailing changes in the actual in-place construction from what was originally shown on the Contract documents
As-built drawings
Formal document from surety to Owner agreeing that final payment can be made to constructor, but acknowledging all legal obligations of the surety remain in place
Consent of Surety for Final Payment
In construction, the concept that 80% of the effort is consumed on the last 20% of the project
Pareto Principle
The canceling of an existing right from one party to another
waiver
"As-built" drawings have to be submitted to the Owner to show the structure has been completed in accordance with the original plans and specifications
False
On bonded work, the surety is often required to consent to final payment
True
Applied to construction, the Pareto Principle would suggest 80% of our effort is in the first 20% of the project
False
Waivers may be required at the beginning of a project but not the end
False
This is submitted with the payment application and states that if paid for this portion of work then the sub won't lien.
Release of Liens
This is attached to money rather than a structure and is issued to avoid a lien on a federal project. subs/suppliers filing this can intercept money paid from the Owner to Contractor.
Stop Notice
This type of civil wrong is when the party committing the wrong clearly understands the act to be wrong
Intentional
Two or more parties are responsible for the same damages.
Contribution negligence
A statement within a contract in which the party signing the contract will not hold the entity that created the Contract responsible for injuries sustained as a result of the Contract operations
Hold Harmless Clause
Major legislation passed in 1964 outlawing discrimination on the basis of race, religion, national origin, and gender
Civil Rights Act
1970 and subsequent legislation that gives the Environmental Protection agency the authority to write regulations to eliminate airborne contaminants
Clean Air Act
1931 law passed by Congress requiring workers be paid a prevailing wage for each craft employed on a project receiving Federal funding
Davis-Bacon Act
A 1967 law prohibiting discrimination of anyone on the basis of age
Age Discrimination Employment Act (ADEA)
Regulations that require taking positive actions in regard to portions of the population that have previously suffered from discrimination practices
Affirmative Action
OSHA inspector charged with making sure projects are complying with current standards of safety.
compliance officer
Conflicts involving which union will perform certain work on a project or in a region
juridictional disputes
Defines what is and is not compensable under Fair Labor Standards Act (FLSA) related to travel to and from employment.
Portal to Portal Act
Documents detailing changes in the actual in-place construction from what was originally shown on the Contract documents
As-built drawings
On bonded work, this party is often required to consent to final payment
surety
Formal document from surety to Owner agreeing that final payment can be made to constructor, but acknowledging all legal obligations of the surety remain in place
Consent of Surety for Final Payment
The canceling of an existing right from one party to another
waiver
An act intended to clean up contaminated sites as well as assess costs for doing so to appropriate parties.
Comprehensive Environmental Response Compensation and Liability Act (CERCLA)
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