QUESTION 1 You are the project engineer that contracted with Sub. Inc. ("Sub"), who is behind the construction schedule specifically described in your contract. You heard by the "grapevine" that Sub's contractor's license was suspended. You also suspect Sub forgot to pull some permits that are going to haunt you at the inspection. You would like to hire your friend Todd (maybe for less money) in Sub's place. You tell Todd you want to fire Sub but you are afraid they might sue for breach of contract. Todd, however, knows a way to hire him and leave Sub without rights to sue Todd offers to create a contract in which he acts as both the offeror/ contractor and offeree/ sub-contractor. He will, he says, contract with himself to perform the identical work described in your contract with Sub and then "assign" his rights as a "contractor" to you. Todd assures you that the laws of assignment give you and Todd the rights and obligations of a valid contract but leave Sub without any way to file a claim directly against either of you due to a doctrine called "privity of contract". Todd explains he learned this in engineering law class at CU Denver. As a Metro State engineer, you are inclined to tell Todd: (Choose the best answer if more than one could apply) O a. you think Todd should have gone to Metro State where you learned it's a legal impossibility for Todd (or anyone) to enter into a contract with himself license and construction permits construction schedule O b. Todd is welcome to assign his contract rights to you but you don't think Sub would sue you anyway due to Sub's problems with the O c. Todd is welcome to assign his contract rights to you but you don't think Sub would sue you anyway due to Sub's problems with the d. Todd is welcome to assign his contract rights to you but you think Sub may still be able to sue him (but not you) QUESTION 2 Federal courts deal with those civil and criminal cases which involve: a. Municipal ordinances or county regulations. b. Federal laws or the U.S. Constitution c. disputes between two citizens of the same state d. disputes between citizens of two different states QUESTION 3 The essential elements of a contract are are: a. Acceptance O b. Evidence of an Object ("Purpose") of the Contract Oc. (mutual) Consideration d. Offer e. Two or more competent parties f. Evidence of a "Meeting of the minds". QUESTION 4 Choose the accurate statement, or statements a. It is necessary for Engineers to learn how to answer elementary legal questions that arise at work. b. Lawyers, rather like engineers, use logical methods to solve problems. O c. It is method, rather than result, with which the lawyer must be concerned when solving problems O d. It is necessary for Engineers to learn how to recognize situations which give rise to legal questions. QUESTION 5 The purposes of drafting written contracts and attached documents include: a. to state and describe all points in writing or drawing. O b. to minimize misunderstanding and eliminate the need to speculate about what was intended or implied. c.to include all provisions that might possibly protect both the owner and the contractor. QUESTION 6 The word "Discharged" is commonly used and interpreted to mean: A. When a Party is no longer required to perform duties he was once undeniably obligated to perform. B. When a Party is "fired" or excused, over his own objections, from performing his contract obligations. C. When a Party obligated to military service is released, honorably or not, from the service D. When the duties of Party to a contract are released or have been performed or, when a contract has been fully performed, released, or terminated E. Contracts that involve water and other fluids and the fluid is released, intentionally or not, from it's container. 1.A 03, A, B, C 4. A, B, C, D QUESTION 7 If the contruction progress is suspended by the Engineer so he can design changes the Owner has decided to make, the Owner: (Choose one or more accurate, applicable statement(s)) a. will be affected by increased costs because invariably, revisions cost more than construction of the orginal design. b. will be affected by increased costs because generally, delays for any reason cause added expense for the Owner. c. may not be affected given the right set of circumstances. O d. may receive great benefits if the timing of the suspension is correctly managed. e all of the above. QUESTION 9 A Voidable Contract is one that is valid until it is avoided by one of the parties because of duress, mistake, induced by fraud, or one of the parties was incompetent. True False QUESTION 10 In a lump-sum contract, extras may be claimed by the Contractor when revisions are made that require a substantial increase in the quantity or quality of work or materials than that which was initially specified in the original contract. True False QUESTION 11 A sent a check to B in payment for a certain list of lumber but gave B no instructions as to time for delivery. What statement or statements of legal principle might apply to this situation? a. A cannot demand any particular delivery time or date because there is no express delivery date in the contract and the courts will not "re- write a contract b. Completion of contract duties within a reasonable time is sufficient if no exact time is stipulated O c. A has no right to demand a delivery date in this case because there was no "meeting of the minds". d. In this case the price for the goods was paid so delivery should have been made as soon as possible and A was entitled to demand the same. QUESTION 1 You are the project engineer that contracted with Sub. Inc. ("Sub"), who is behind the construction schedule specifically described in your contract. You heard by the "grapevine" that Sub's contractor's license was suspended. You also suspect Sub forgot to pull some permits that are going to haunt you at the inspection. You would like to hire your friend Todd (maybe for less money) in Sub's place. You tell Todd you want to fire Sub but you are afraid they might sue for breach of contract. Todd, however, knows a way to hire him and leave Sub without rights to sue Todd offers to create a contract in which he acts as both the offeror/ contractor and offeree/ sub-contractor. He will, he says, contract with himself to perform the identical work described in your contract with Sub and then "assign" his rights as a "contractor" to you. Todd assures you that the laws of assignment give you and Todd the rights and obligations of a valid contract but leave Sub without any way to file a claim directly against either of you due to a doctrine called "privity of contract". Todd explains he learned this in engineering law class at CU Denver. As a Metro State engineer, you are inclined to tell Todd: (Choose the best answer if more than one could apply) O a. you think Todd should have gone to Metro State where you learned it's a legal impossibility for Todd (or anyone) to enter into a contract with himself license and construction permits construction schedule O b. Todd is welcome to assign his contract rights to you but you don't think Sub would sue you anyway due to Sub's problems with the O c. Todd is welcome to assign his contract rights to you but you don't think Sub would sue you anyway due to Sub's problems with the d. Todd is welcome to assign his contract rights to you but you think Sub may still be able to sue him (but not you) QUESTION 2 Federal courts deal with those civil and criminal cases which involve: a. Municipal ordinances or county regulations. b. Federal laws or the U.S. Constitution c. disputes between two citizens of the same state d. disputes between citizens of two different states QUESTION 3 The essential elements of a contract are are: a. Acceptance O b. Evidence of an Object ("Purpose") of the Contract Oc. (mutual) Consideration d. Offer e. Two or more competent parties f. Evidence of a "Meeting of the minds". QUESTION 4 Choose the accurate statement, or statements a. It is necessary for Engineers to learn how to answer elementary legal questions that arise at work. b. Lawyers, rather like engineers, use logical methods to solve problems. O c. It is method, rather than result, with which the lawyer must be concerned when solving problems O d. It is necessary for Engineers to learn how to recognize situations which give rise to legal questions. QUESTION 5 The purposes of drafting written contracts and attached documents include: a. to state and describe all points in writing or drawing. O b. to minimize misunderstanding and eliminate the need to speculate about what was intended or implied. c.to include all provisions that might possibly protect both the owner and the contractor. QUESTION 6 The word "Discharged" is commonly used and interpreted to mean: A. When a Party is no longer required to perform duties he was once undeniably obligated to perform. B. When a Party is "fired" or excused, over his own objections, from performing his contract obligations. C. When a Party obligated to military service is released, honorably or not, from the service D. When the duties of Party to a contract are released or have been performed or, when a contract has been fully performed, released, or terminated E. Contracts that involve water and other fluids and the fluid is released, intentionally or not, from it's container. 1.A 03, A, B, C 4. A, B, C, D QUESTION 7 If the contruction progress is suspended by the Engineer so he can design changes the Owner has decided to make, the Owner: (Choose one or more accurate, applicable statement(s)) a. will be affected by increased costs because invariably, revisions cost more than construction of the orginal design. b. will be affected by increased costs because generally, delays for any reason cause added expense for the Owner. c. may not be affected given the right set of circumstances. O d. may receive great benefits if the timing of the suspension is correctly managed. e all of the above. QUESTION 9 A Voidable Contract is one that is valid until it is avoided by one of the parties because of duress, mistake, induced by fraud, or one of the parties was incompetent. True False QUESTION 10 In a lump-sum contract, extras may be claimed by the Contractor when revisions are made that require a substantial increase in the quantity or quality of work or materials than that which was initially specified in the original contract. True False QUESTION 11 A sent a check to B in payment for a certain list of lumber but gave B no instructions as to time for delivery. What statement or statements of legal principle might apply to this situation? a. A cannot demand any particular delivery time or date because there is no express delivery date in the contract and the courts will not "re- write a contract b. Completion of contract duties within a reasonable time is sufficient if no exact time is stipulated O c. A has no right to demand a delivery date in this case because there was no "meeting of the minds". d. In this case the price for the goods was paid so delivery should have been made as soon as possible and A was entitled to demand the same