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Contract Terms and Conditions
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Contract Terms and Conditions

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Questions and Answers

Match the following terms with their definitions:

Qualification sheet = An announcement that an organization is interested in receiving proposals for a particular project Request for proposal (RFP) = A document that asks for certain types of information to determine if the bidder is technically and financially qualified to handle a job of this scope Severability provision = A document which gives up the right to make a claim against the community association for payments not received Waiver of lien = This provision states that if a court finds that any clause of the contract is illegal or unenforceable, that clause shall be severed (separated) from the rest of the contract

Match the following terms with their definitions:

Waiver provision = A warranty should state what is covered, for how long, and what the contractor will do if the work or product proves defective Warranty = This provision states that a waiver (permission) by one party of any breach of contract (failure to fulfill a provision) by the other party shall not act as a general waiver of future breaches Severability provision = A document that asks for certain types of information to determine if the bidder is technically and financially qualified to handle a job of this scope Request for proposal (RFP) = An announcement that an organization is interested in receiving proposals for a particular project

Match the following terms with their definitions:

Request for proposal (RFP) = A document that asks for certain types of information to determine if the bidder is technically and financially qualified to handle a job of this scope Qualification sheet = An announcement that an organization is interested in receiving proposals for a particular project Warranty = This provision states that if a court finds that any clause of the contract is illegal or unenforceable, that clause shall be severed (separated) from the rest of the contract Severability provision = A warranty should state what is covered, for how long, and what the contractor will do if the work or product proves defective

Match the following terms with their definitions:

<p>Waiver of lien = This provision states that a waiver (permission) by one party of any breach of contract (failure to fulfill a provision) by the other party shall not act as a general waiver of future breaches Waiver provision = A document which gives up the right to make a claim against the community association for payments not received Severability provision = An announcement that an organization is interested in receiving proposals for a particular project Warranty = A document that asks for certain types of information to determine if the bidder is technically and financially qualified to handle a job of this scope</p> Signup and view all the answers

Match the following terms with their definitions:

<p>Qualification sheet = A warranty should state what is covered, for how long, and what the contractor will do if the work or product proves defective Warranty = A document that asks for certain types of information to determine if the bidder is technically and financially qualified to handle a job of this scope Request for proposal (RFP) = This provision states that if a court finds that any clause of the contract is illegal or unenforceable, that clause shall be severed (separated) from the rest of the contract Severability provision = An announcement that an organization is interested in receiving proposals for a particular project</p> Signup and view all the answers

Match the following terms with their definitions:

<p>Waiver provision = A document that asks for certain types of information to determine if the bidder is technically and financially qualified to handle a job of this scope Severability provision = A document which gives up the right to make a claim against the community association for payments not received Waiver of lien = This provision states that a waiver (permission) by one party of any breach of contract (failure to fulfill a provision) by the other party shall not act as a general waiver of future breaches Request for proposal (RFP) = A warranty should state what is covered, for how long, and what the contractor will do if the work or product proves defective</p> Signup and view all the answers

Match the following contract terms with their definitions:

<p>Assignability provision = A provision that ensures the contract may not be modified in any way unless written and signed by both parties. Bid request = A detailed instruction about the products or services requested through the bid request. Default = A failure of either party to fulfill the terms of the contract. Modification provision = A provision that states that neither party may assign its obligations under the contract to any other person without the express written consent of the other party.</p> Signup and view all the answers

Match the following contract terms with their definitions:

<p>Entire obligation provision = A provision that states that the written, signed contract constitutes the entire obligation. Bid specifications = A detailed instruction about the products or services requested through the bid request. Performance bond = A guarantee by a surety to protect the community association if the contractor fails to perform or finish the work. Payment bond = A bond that guarantees the contractor's suppliers and any subcontractors will be paid if the contractor does not pay them.</p> Signup and view all the answers

Match the following contract terms with their definitions:

<p>Progress payments = Partial payments based on some demonstrable progress in completing the work involved. Prospective bidder's questionnaire = A detailed instruction about the products or services requested through the bid request. Payment bond = A guarantee by a surety to protect the community association if the contractor fails to perform or finish the work. Bid request = A formal request to receive proposals for a particular project.</p> Signup and view all the answers

Match the following contract terms with their definitions:

<p>Default = A failure of either party to fulfill the terms of the contract. Contract = A legally enforceable agreement between two or more parties. Performance bond = A guarantee by a surety to protect the community association if the contractor fails to perform or finish the work. Entire obligation provision = A provision that states that the written, signed contract constitutes the entire obligation.</p> Signup and view all the answers

Match the following contract terms with their definitions:

<p>Bid request = A formal request to receive proposals for a particular project. Bid specifications = A detailed instruction about the products or services requested through the bid request. Progress payments = Partial payments based on some demonstrable progress in completing the work involved. Prospective bidder's questionnaire = A detailed document submitted by a bidder to demonstrate their qualifications.</p> Signup and view all the answers

Match the following contract terms with their definitions:

<p>Entire obligation provision = A provision that states that the law of a particular state will be applied if there are any disputes about the contract after it is signed. Performance bond = A guarantee by a surety to protect the community association if the contractor fails to perform or finish the work. Modification provision = A provision that states that the contract may not be modified in any way unless written and signed by both parties. Contract = A legally enforceable agreement between two or more parties.</p> Signup and view all the answers

Match the following contract terms with their definitions:

<p>Assignability provision = A provision that states that neither party may assign its obligations under the contract to any other person without the express written consent of the other party. Default = A failure of either party to fulfill the terms of the contract. Payment bond = A bond that guarantees the contractor's suppliers and any subcontractors will be paid if the contractor does not pay them. Prospective bidder's questionnaire = A detailed document submitted by a bidder to demonstrate their qualifications.</p> Signup and view all the answers

Match the following contract terms with their definitions:

<p>Performance bond = A guarantee by a surety to protect the community association if the contractor fails to perform or finish the work. Bid specifications = A detailed instruction about the products or services requested through the bid request. Progress payments = Partial payments based on some demonstrable progress in completing the work involved. Modification provision = A provision that states that the contract may not be modified in any way unless written and signed by both parties.</p> Signup and view all the answers

What is the purpose of a qualification sheet?

<p>To determine if the bidder is technically and financially qualified to handle a job of this scope</p> Signup and view all the answers

What does a severability provision in a contract do?

<p>Severs an illegal or unenforceable clause from the rest of the contract</p> Signup and view all the answers

What is the purpose of a waiver of lien?

<p>To give up the right to make a claim against the community association for payments not received</p> Signup and view all the answers

What does a waiver provision in a contract do?

<p>Provides a waiver for future breaches of contract</p> Signup and view all the answers

What is the main purpose of a request for proposal (RFP)?

<p>To announce an organization's interest in receiving proposals for a particular project</p> Signup and view all the answers

What should a warranty typically include?

<p>What is covered, for how long, and what the contractor will do if the work or product proves defective</p> Signup and view all the answers

What is the purpose of a bid request?

<p>To receive proposals for a particular project</p> Signup and view all the answers

What is an assignability provision in a contract?

<p>A provision that requires express written consent to assign obligations</p> Signup and view all the answers

What is the purpose of a performance bond?

<p>To protect the community association if the contractor fails to perform or finish the work</p> Signup and view all the answers

What is a payment bond used for?

<p>To ensure payment to the contractor's suppliers and subcontractors</p> Signup and view all the answers

What is the purpose of a modification provision in a contract?

<p>To ensure that any modifications to the contract are written and signed by both parties</p> Signup and view all the answers

What is an entire obligation provision in a contract?

<p>A provision that states the written, signed contract constitutes the entire agreement</p> Signup and view all the answers

What is a default in the context of a contract?

<p>A failure to fulfill the terms of the contract</p> Signup and view all the answers

What is the purpose of a prospective bidder's questionnaire?

<p>To determine the qualifications of potential bidders</p> Signup and view all the answers

Study Notes

Contracting Key Terms

  • Assignability Provision: Neither party can assign their obligations to another person without the other party's written consent.

Bidding Process

  • Bid Request (also known as Request for Proposal (RFP)): An announcement seeking proposals for a specific project, including all contract terms.
  • Bid Specifications: Detailed instructions about the products or services requested through the bid request.

Contract Essentials

  • Contract: A legally enforceable agreement between two or more parties, where each party promises to do or not do something.
  • Default: Failure of either party to fulfill the contract terms.

Contract Provisions

  • Entire Obligation Provision: The written, signed contract constitutes the entire agreement.
  • Modification Provision: The contract cannot be modified unless in writing and signed by both parties.
  • Severability Provision: If a court finds a clause illegal or unenforceable, it will be severed from the contract, and the rest of the contract will remain valid.

Payment and Performance

  • Payment Bond: A guarantee that the contractor's suppliers and subcontractors will be paid if the contractor doesn't pay them.
  • Performance Bond: A guarantee that the contractor will perform or finish the work, protecting the community association.
  • Progress Payments: Partial payments based on demonstrable progress in completing the work.

Qualification and Evaluation

  • Prospective Bidder's Questionnaire (also known as Qualification Sheet): A document that asks for specific information to determine if the bidder is technically and financially qualified to handle a job.

Miscellaneous

  • Waiver of Lien: A document that gives up the right to make a claim against the community association for payments not received.
  • Waiver Provision: A waiver of any breach of contract by one party does not act as a general waiver of future breaches.
  • Warranty: A statement that covers what is included, for how long, and what the contractor will do if the work or product proves defective.

Contracting Key Terms

  • Assignability Provision: Neither party can assign their obligations to another person without the other party's written consent.

Bidding Process

  • Bid Request (also known as Request for Proposal (RFP)): An announcement seeking proposals for a specific project, including all contract terms.
  • Bid Specifications: Detailed instructions about the products or services requested through the bid request.

Contract Essentials

  • Contract: A legally enforceable agreement between two or more parties, where each party promises to do or not do something.
  • Default: Failure of either party to fulfill the contract terms.

Contract Provisions

  • Entire Obligation Provision: The written, signed contract constitutes the entire agreement.
  • Modification Provision: The contract cannot be modified unless in writing and signed by both parties.
  • Severability Provision: If a court finds a clause illegal or unenforceable, it will be severed from the contract, and the rest of the contract will remain valid.

Payment and Performance

  • Payment Bond: A guarantee that the contractor's suppliers and subcontractors will be paid if the contractor doesn't pay them.
  • Performance Bond: A guarantee that the contractor will perform or finish the work, protecting the community association.
  • Progress Payments: Partial payments based on demonstrable progress in completing the work.

Qualification and Evaluation

  • Prospective Bidder's Questionnaire (also known as Qualification Sheet): A document that asks for specific information to determine if the bidder is technically and financially qualified to handle a job.

Miscellaneous

  • Waiver of Lien: A document that gives up the right to make a claim against the community association for payments not received.
  • Waiver Provision: A waiver of any breach of contract by one party does not act as a general waiver of future breaches.
  • Warranty: A statement that covers what is included, for how long, and what the contractor will do if the work or product proves defective.

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Description

This quiz covers key terms in contracting, including assignability provisions, bid requests, and bid specifications. Test your understanding of contract terms and their implications.

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