Construction Law Course - CSM-4633 Homework Assignment #3 The law generally does

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Construction Law Course - CSM-4633

Homework Assignment #3   

The law generally does not consider taking too long to complete a project to be a material basis for default if a construction contract is silent on when the project must be completed. What must the Owner state in the contract to make sure the Contractor understands that late completion is a material breach of the Contractor’s legal obligation?

State that the contractor will be in default if the deadline must be extended.

State that time is of the essence with respect to a specific completion deadline(s).

State the date when the project is to be completed.

None of the above – the law considers construction to be so unpredictable that Owners are expected to take the risk of late completion.

State that the date of completion is absolute, and any delay will be grounds for a breach, no matter what the cause.

A CPM Schedule means a _______ ______ Schedule.

The critical path represents a timeline of the planned sequence and durations for completion of all scheduled tasks that must be completed to avoid a delay beyond the scheduled date of completion, such that late completion of any task that is “on the critical path” will cause a delay of the overall completion of the project.

True ___          False ___

Courts generally rely upon ____________ ______________ who are specially trained in the evaluation and analysis of CPM Schedules to provide opinions about the reasonableness of the schedule and the cause of a delay, but courts may refuse to allow a scheduling expert to give an opinion if a schedule is shown to be based upon insufficient data or erroneous assumptions, or if the expert is not basing his or her opinion upon a method of scheduling analysis that is logical and generally accepted among scheduling experts as valid.

If an Owner continues to issue change orders and directs the Contractor to continue to perform work on a project even though the Contractor has run out of time, can the Owner be found to have waived the right to hold the Contractor liable for breach of contract in failing to complete on time?

___ Yes          ___ No

A contractor’s failure to complete a project on time due to an event that is beyond the control of both parties to a construction contract, such as a flood or labor strike will be excusable, and the contractor will be entitled to additional time to complete the project without being held liable for breach of contract

___ Agree       ___ Disagree

If an Owner requires in the Contract that the Contractor must pay liquidated damages of $5,000 per day for each day of delay in the completion of the Project, but later discovers when the job is late that the Owner is actually suffering losses of over $10,000 per day for each day of delay, the Owner can still recover from the Contractor the Owner’s extra losses above the liquidated damages that the contract provides to be assessed.

___ Agree       ___ Disagree

If a Contractor signs a contract that states the Contractor shall not be entitled to recover damages for delay in the completion of the project, and the Owner causes the Project to be delayed, the Contractor should expect that it will have no basis to overcome the contract and recover damages caused by the Owner.

___ Agree       ___ Disagree

A bar chart or Gantt construction schedule may show only the time duration and sequencing of activities, but it can also require additional details to be loaded into the schedule, such as _______ and ________.

Good practice dictates that a CPM schedule must be regularly updated for changes affecting the timing of the work. Once updated, the old schedule is of no use, and can be thrown away.

___ Agree       ___ Disagree

Float represents the amount of time that a task or activity can go beyond its planned completion time without impacting the critical path and causing the Project to be delayed.

___ Agree       ___ Disagree

Schedules can be manipulated to hold a planned completion date even though a planned activity is taking longer than scheduled and impacting the critical path. For this reason, an owner may want to specify that the schedule shall not be manipulated.

___ Agree       ___ Disagree

What are the major questions that must be examined when using CPM schedule analysis to evaluate the legitimacy of a contract delay claim?

___________________________________________________________

Are experts in the evaluation of CPM schedules generally regarded as credible and objective, or do they tend to be “result driven” to achieve a favorable result for the party who hires them to either support or defeat a delay claim?

___________________________________

Name five things an Architect can be asked by the Owner to do to assist the Owner in the administration of the contract for construction.

__________________________

If an Architect mistakenly makes a wrong decision in the administration of the Contract, but is acting within his or her authority, and in the good faith belief that the decision was reasonable and appropriate, will the Architect be liable to the Owner for any increased costs as a result of the decision?

___ Yes          ___ No

If an Architect makes a bad decision in the administration of the Contract, causing the Contractor to incur additional costs, can the Owner still be liable to the Contractor for the increased costs caused by the Architect?

___ Yes          ___ No

If an Architect assumes a duty to make site visits and inspect the work of the contractor, can the Architect have liability to the Owner for the failure of the Contractor to properly perform the work if the Architect had knowledge of the failure and failed to report it to the Owner?

___ Yes          ___ No

What provision of the AIA form of Agreement between Owner and Architect addresses this issue?

__________________________________

If an Architect who assumes the duty to make site inspections and inspect the work under the AIA-B-101 contract, and who observes but fails to report defective workmanship, that later results in the collapse of the structure and death or injury, the Architect will not be liable for the death or injury.

True ___          False ___

Explanation / Answer

1.state the date when project is to be completed.

2.Critical Path Method

3.true

4.scheduling experts

5.no

6.agree

7.disagree

8.agree

9.total time span of project and completed tasks

10.disagree

11.agree

12.agree

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