Contract Law Basics Quiz
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Questions and Answers

Which of the following is NOT one of the four basic elements required for a legally binding contract?

  • Financial Backing (correct)
  • Legal Objective
  • Mutual Agreement
  • Valid Consideration
  • A legal objective in a contract means that the purpose of the contract must be lawful.

    True (A)

    What is meant by 'Mutual Agreement' in the context of contract law?

    A meeting of the minds showing an offer and acceptance.

    A contract is an agreement between two or more persons that creates, varies, or extinguishes obligations of a __________ nature.

    <p>proprietary</p> Signup and view all the answers

    Match the following elements of a contract with their descriptions:

    <p>Mutual Agreement = A meeting of the minds with an offer and acceptance Legal Objective = The purpose of the contract must be legal Valid Consideration = Something of value must be exchanged Legal Capacity = The parties must have the legal ability to enter into a contract</p> Signup and view all the answers

    Which element of a contract involves both an offer and an acceptance?

    <p>Mutual Agreement (C)</p> Signup and view all the answers

    The legal capacity of the parties involved in a contract is irrelevant to its enforceability.

    <p>False (B)</p> Signup and view all the answers

    What is a 'counteroffer' in the context of contract law?

    <p>A response to an offer that proposes different terms.</p> Signup and view all the answers

    What type of construction contract combines features of both lump sum and scheduled contracts?

    <p>Lump sum and scheduled contract (D)</p> Signup and view all the answers

    A cost plus percentage of cost contract typically discourages the contractor from increasing costs.

    <p>False (B)</p> Signup and view all the answers

    What type of contract is desirable when the scope and nature of work can be broadly defined?

    <p>Cost plus fixed fee contract</p> Signup and view all the answers

    The _____ of a cost plus fixed fee contract is determined as a lump sum considering various factors.

    <p>fee</p> Signup and view all the answers

    Match the following contract types with their descriptions:

    <p>Turn-key Contract = Fully integrated project delivery Package Contract = Combination of multiple projects Negotiated Contract = Direct agreement on terms Running Contract = Extended period of work with several tasks</p> Signup and view all the answers

    What is a potential issue with cost plus contracts?

    <p>Encouragement of cost increases (A)</p> Signup and view all the answers

    Cost plus contracts are mainly used when the costs can be easily predicted.

    <p>False (B)</p> Signup and view all the answers

    Name one factor that can lead to the use of a cost plus contract.

    <p>Unpredictable weather conditions</p> Signup and view all the answers

    Which of the following can be considered as valid consideration in a contract?

    <p>Goods or Services (D)</p> Signup and view all the answers

    A contract can be enforced even if it lacks valid consideration.

    <p>False (B)</p> Signup and view all the answers

    What is meant by 'legal capacity' in a contract?

    <p>Parties must be of age and mentally competent.</p> Signup and view all the answers

    A __________ contract is typically used for building projects and is not suitable for unpredictable conditions.

    <p>lump sum</p> Signup and view all the answers

    Which of the following types of contracts is commonly used for heavy or highway work?

    <p>Unit Price contract (A)</p> Signup and view all the answers

    Match the following types of contracts with their descriptions:

    <p>Lump sum contract = Fixed price for a project Unit rate contract = Price based on quantity of work done Cost plus fixed fee contract = Reimbursement of costs plus a set fee Cost plus percentage of cost contract = Reimbursement of costs plus a percentage markup</p> Signup and view all the answers

    A party must possess the proper license to have legal capacity in construction contracts.

    <p>True (A)</p> Signup and view all the answers

    What adjustments may occur in unit-price contracts if actual quantities vary significantly?

    <p>Renegotiation of the unit price.</p> Signup and view all the answers

    Which of the following is used for measurement of works?

    <p>Both A and B (C)</p> Signup and view all the answers

    Site potentials are recorded only after the completion of the project.

    <p>False (B)</p> Signup and view all the answers

    What are the main issues looked into during the closing of a contract?

    <p>Maintenance Period, Remedial works, Left Over Claims, Disputes, Closing of Accounts, Completion Certificates.</p> Signup and view all the answers

    A claim is mostly concerned with __________ arising under a legally valid contract.

    <p>entitlements and liabilities</p> Signup and view all the answers

    Which of the following statements about claims is TRUE?

    <p>A claim can be an assertion to a contractual right. (C)</p> Signup and view all the answers

    Match the following types of claims with their descriptions:

    <p>Entitlements = Arise from contractual rights Liabilities = Concerns obligations under the contract Delay damages = Compensation for time lost Extension of Time = Request to extend project deadlines</p> Signup and view all the answers

    All claims are considered a form of blackmail.

    <p>False (B)</p> Signup and view all the answers

    What is the primary purpose of dispute management in construction?

    <p>To mediate disputes and manage claims effectively.</p> Signup and view all the answers

    What is the primary focus of the Model Law adopted by the United Nations Commission on International Trade Law?

    <p>International arbitration (A)</p> Signup and view all the answers

    The Model Law's definition of 'commercial' applies exclusively to contractual relationships.

    <p>False (B)</p> Signup and view all the answers

    What is the name of the important source of legislation for arbitration in Ethiopia?

    <p>Addis Ababa Chamber of Commerce &amp; Sectoral Associations (AACCSA) Arbitration Institute</p> Signup and view all the answers

    The Model Law was adopted on ________ by the United Nations Commission on International Trade Law.

    <p>21 June 1985</p> Signup and view all the answers

    Match the following countries with their arbitration sources:

    <p>Ethiopia = Addis Ababa Chamber of Commerce &amp; Sectoral Associations (AACCSA) Arbitration Institute Kenya = Dispute Resolution Center Nigeria = Nigerian Arbitration and Conciliation Act South Africa = Center for Conflict Resolution</p> Signup and view all the answers

    Which of the following is a time-related claim category?

    <p>Time Extension only (C)</p> Signup and view all the answers

    Cost-related claims exclusively focus on delays in project completion.

    <p>False (B)</p> Signup and view all the answers

    What are the main categories of claim causes identified by Wideman in 2001?

    <p>Changed conditions, Additional works, Delay for cost overruns and time extension.</p> Signup and view all the answers

    The alternative dispute resolution method that includes negotiation and mediation is known as __________.

    <p>Amicable Dispute Resolution System</p> Signup and view all the answers

    Which of the following is NOT listed as a reason for claims according to Levy, 2000?

    <p>Change in project management style (A)</p> Signup and view all the answers

    Liquidated Damages are one of the entitlements in time-related claims.

    <p>True (A)</p> Signup and view all the answers

    What is the process of relieving of obligation in claims administration?

    <p>The process where parties are relieved from contractual obligations due to valid claims.</p> Signup and view all the answers

    Flashcards

    Contract Definition

    A legally binding agreement that creates, changes, or ends obligations between two or more parties, affecting their legal relationship.

    Mutual Agreement

    An agreement where both sides clearly understand and agree to the terms of the deal.

    Offer

    A proposal made by one party to another, clearly outlining the terms of the agreement.

    Acceptance

    The clear and unambiguous acceptance of all the terms of the offer, without any changes.

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    Legal Objective

    The purpose of the contract must be legal and not against public policy.

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    Valid Consideration

    Something of value exchanged between parties (money, goods, services) to make the contract binding.

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    Legal Capacity

    Parties must be capable of entering a contract (not minors, mentally incompetent, etc.).

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    Elements of a Contract

    A binding contract requires mutual agreement, a legal objective, valid consideration, and legal capacity of the parties.

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    What is a contract offer?

    A promise to do something specific in exchange for something of value from the other party.

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    What is acceptance in a contract?

    The act of accepting the terms of the offer, usually by agreeing to perform the specified action.

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    What is contract performance?

    Both parties fulfilling their obligations as outlined in the contract.

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    What is contractual liability?

    The legally binding responsibility to fulfill the terms of the contract.

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    What is a lump sum contract?

    A contract where the total price is fixed upfront and doesn't change, even if costs exceed the initial estimate.

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    What is a unit rate contract?

    A contract where the price is determined based on the quantity of materials used and labor performed, using pre-set unit prices.

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    What is a lump sum and schedule contract?

    A contract that combines elements of both lump sum and unit rate contracts.

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    What is a cost plus fixed fee contract?

    A contract where the contractor is reimbursed for all costs incurred plus a fixed fee for their services.

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    Lump Sum and Scheduled Contract

    Combines elements of lump sum and schedule contracts, allowing for additional items to be priced based on a pre-determined rate.

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    Cost Plus Contract

    Used when accurate cost prediction is difficult, such as unpredictable weather or other external factors.

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    Cost Plus Fixed Fee Contract

    A type of cost plus contract where the contractor receives a fixed fee regardless of actual costs.

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    Cost Plus Percentage Contract

    A type of cost plus contract where the contractor receives a percentage of the actual costs as a fee.

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    Turn-Key Contract

    A contract where the contractor is responsible for all aspects of the project, from design to completion, and delivers a fully operational facility.

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    Package Contract

    A contract that bundles various project components, such as design, construction, and equipment, under a single contractor.

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    Negotiated Contract

    A contract where the terms are negotiated directly between the client and contractor, allowing for flexibility and customization.

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    Running Contract

    A contract where work is completed in phases or installments, allowing for payments to be made as each phase is completed.

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    What is a Dispute in construction?

    A disagreement or difference in opinion between parties involved in a contract.

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    What is a Claim in construction?

    A demand for payment, compensation, or adjustments arising from a legally binding contract.

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    What does 'A claim is a disguised form of a blackmail' mean?

    A situation where a party tries to gain an advantage through dishonest means.

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    What does 'A claim is the last chance to bail out of a losing job' mean?

    A last chance to recover losses in a failing project.

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    What does 'A claim is an assertion to a contractual right' mean?

    An assertion of a right related to a contract.

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    What are Payment Claims?

    Claims related to additional compensation or money owed beyond the initial contract agreement.

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    What are Extension of Time Claims?

    Claims related to extending the project deadline due to unforeseen circumstances.

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    What are Delay Damages Claims?

    Claims associated with damages caused by delays or other unforeseen events.

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    What is the UNCITRAL Model Law?

    The UNCITRAL Model Law is a set of guidelines for international arbitration, adopted in 1985. It promotes fair and consistent arbitration processes globally, and sets standards for how arbitration agreements should be structured and enforced.

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    What is the scope of the Model Law?

    The Model Law focuses specifically on international arbitration, meaning disputes between parties from different countries.

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    What does the Model Law mean by 'commercial'?

    The Model Law views 'commercial' relationships broadly, covering not just contracts but any business-related interactions, regardless of legal structure.

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    What is a key resource for arbitration in Ethiopia?

    The Addis Ababa Chamber of Commerce & Sectoral Associations (AACCSA) Arbitration Institute plays a key role in arbitration in Ethiopia.

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    What are some examples of organizations dedicated to arbitration?

    Various organizations and initiatives exist across different regions to promote and support arbitration, such as the 'Dispute Resolution Center' in Kenya and the 'Center for Conflict Resolution' in South Africa.

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    Cost Related Claims

    Claims that focus on monetary compensation for changes or additional costs, such as rate adjustments, price changes, or provisional sum adjustments.

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    Alternative Dispute Resolution (ADR)

    A method of resolving disputes without going to court, often used in construction to avoid time and cost delays.

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    Time Related Claims

    Claims that arise due to a delay or disruption in the project's timeline, leading to time extensions, liquidated damages, or both.

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    Changed Conditions

    A category of claim causes focused on unexpected changes to the original project scope, leading to additional work and costs.

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    Default by Contracting Parties

    These claims are based on contractual obligations that are not met by either party, like delays in payments or project terminations.

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    Amicable Dispute Resolution System

    This type of ADR focuses on friendly resolution through negotiation, mediation, or mini-trials, aiming to keep things simple and confidential.

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    Major Causes for Claims

    Claims caused by poorly defined contracts, inadequate project management, or unforeseen situations during execution.

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    Additional works and Delay for cost overruns and time extension

    These claims focus on additional work outside of the original scope, leading to cost and time overruns.

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    Study Notes

    Course Content

    • Architectural Practice II (ARCH 4135), Construction Contract
    • Course content covers Principles of Contract Law, Types of Construction Contract, Contract Documents, Contract Management (Administration and Closing, Claims and Dispute Management)

    Principles of Contract Law

    • A contract is an agreement that creates, varies, or extinguishes obligations of a proprietary nature. It affects the legal relationship between parties.
    • Contracts need elements:
      • Mutual agreement (offer, acceptance, legal objective, valid consideration, legal capacity of parties)
      • Legal Objective (the contracted thing itself must be legal)
      • Valid Consideration (value exchange – e.g. money, services)
    • Without valid consideration or legal capacity, a contract is invalid and unenforceable.

    Parties to a Construction Contract

    • Simplest form: Two parties (Owner & Architect/Engineer) or (Owner & Contractor) or (Owner & Contract Manager).
    • More complex: Multiple parties (e.g. Owner & multiple contractors simultaneously, by trade or task).

    Why Use Contracts in Construction?

    • Describe scope of work
    • Establish timeframe
    • Establish cost & payment provisions
    • Set forth obligations & relationships
    • Manage multiple risks
    • Establish control mechanisms
    • Minimize disputes
    • Improve economic return on investment

    Types of Construction Contracts

    • Fixed-Price (Lump Sum):
      • Lump Sum
      • Unit Price
    • Cost-Plus:
      • Cost + Fixed Fee
      • Cost + Incentive Fee
      • Cost + Award Fee
      • Cost + % of Cost
    • Hybrid Examples:
      • Time & Materials
      • Guaranteed Max Price (GMP) with Split Savings
      • Early Completion Bonus
    • Contracts used for civil engineering works include Lump sum, Unit rate, Lump sum and schedule, Cost plus fixed fee, and Cost plus percentage of cost contract.

    Contract Documents

    • Main contract documents include: Invitation to tender, Instructions to tender, Form of tender, The Agreement, Condition of contract (General + Particular), Specification, Bill of Quantities, Drawings, Addenda and Appendix to Tender.
    • Standard Bid Documents: include MLDOS (WB, ADB, EC/U, etc.), Donors' Interest, Business Asson's Contractors and Consultants, Business Interest, Professional Assons' Civil Engineers, Architects, Construction Management, Professional Interest, Public Authorities, Public Works Bodies, Public Financiers, and Public and/or Government Interest.
    • FIDIC (1987) - Condition of Contract.
    • PPA, Standard Bid Document.
    • MoWUD, Standard Condition of Contract (1994).
    • BaTCODA, Condition of Contract.
    • There are FIDIC conditions of contracts (red book, yellow book, orange book, green book, silver book, old FIDIC) and Ethiopian Construction Industry standards.

    Contract Management:

    • Management Process:
      • Negotiations (contract agreement)
      • Contract Formulation
      • Contract Administration
      • Contract Implementation (changes management, claims and disputes management)
      • Contract Closing (closing of accounts, contract evaluations)
    • Contract Identification: Identifying contractual responsibilities, Reviewing contract documents, extracting monitoring responsibilities, preparing summary sheet.
    • Component Determination: Determining and understanding the project, Reviewing contract drawings and technical specifications, Extracting construction methods and sequences, Preparing breakdown sheets, operations, resources, organizational sheets, time scheduling.
    • Progress Monitoring: Record, monitor, and evaluate progress of mobilizations, works, and completion.
    • Reporting project status, Certifying materials, samples, workmanships and works.
    • Measuring works, recording site potentials, Certifying payments and completions.

    Claims and Dispute Management

    • Dispute definition: a difference in opinion or thought in a legally valid contract.
    • Claims: Demand for additional payment, adjusting obligations, extending time,compensating for delay damages.
    • Dispute management process:
      • Informal stages (face-to-face discussions).
      • Formal stages (using independent mediators/conciliators, or arbitrator, court).
    • Time-related claims: Time extension, liquidated damages, time extension + cost compensation, concurrent compensation, bonus, relieving obligation.
    • Cost-related Claims: Additions needing rate adjustments, price changes, provisional sum adjustments.
    • Default by contracting parties: Delay in Payment Certificates, suspensions, and terminations.
    • Claim Admin Process: Claim Notification, Claim Preparation, Claim Submittals, Claim Handling, Dispute Resolution, Claim Approval, Claim Enforcement, Claim Closure.

    Alternative Dispute Resolution (ADR)

    • Preventive ADR: Partnering, dispute resolution advisors, facilitators, project partnering, strategic partnering.
    • Amicable ADR: Negotiation, mediation, conciliation, use of mini-trials.
      • Mediation: neutral third party assists parties.
      • Conciliation: impartial third party to suggest resolutions
    • Judgmental ADR: Adjudication (dispute review board), arbitration, litigation.
      • Arbitration: private process using an expert, enforceable decisions.
      • Litigation: court process with a jury, time-consuming and costly.

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    Description

    Test your knowledge on the fundamental elements of contract law with this quiz. Explore concepts such as mutual agreement, legal capacity, and the different types of contracts. Perfect for law students or anyone interested in understanding the basics of legal agreements.

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