In a lump sum/fixed price contract between an Owner and a Contractor, the risk of loss (if project costs exceed the contract price) is primarily on which party?

A contractor built a new office tower for the project owner under a design-bid-build project delivery method.  Although the contractor followed the plans and specifications exactly, almost every window on the building quickly developed leaks near the window sill and caused water damage and mold issues behind the walls.  The project owner is irate and threatening to bring both the contractor and the lead designer to court.  Upon investigation, the contractor determined that the leaks were due to the architect’s defective design of the window sill flashing.  In other words, the contractor built exactly what was shown on the plans, but the design on the plans was not correct.  Which legal concept is the contractor’s strongest argument for why the designer should be liable to the owner, and not the contractor? The basis for the Spearin Doctrine is that when contractors are bound to build according to the plans and specifications provided by the owner, the contractor should not be responsible for damages that, through no fault of his own, occur when said plans and specifications are defective.

True or False: Contracting parties are encouraged to create contract languages that are clear and unambiguous, in order to avoid dispute and legal fights

Which of the following would an owner be most likely to argue should not fall under the category of actual construction cost in a cost-plus contract, because they are related to company overhead?

In the contract between a General Contractor and a Subcontractor, a flow down provision typically integrates which other construction document as a contract document?

An intramuscular injection into the buttocks is given in the upper outer quadrant in an attempt to avoid injuring which nerve?

Directions Answer one of the questions below to the best of your ability. In your answer, you will need to write the following: Thesis Statement Body Paragraphs You do not need to write an introduction and conclusion. Your exam has a two-hour time limit. Further Information Your thesis statement must be one complete sentence and contain the following: The topic restated (i.e., the final exam question restated) Your opinion (i.e., your answer to the question; must hold only one opinion — no more) Three supporting reasons (i.e., three reasons that support your opinion; these will also act as the topics of your three body paragraphs) In each of your three body paragraphs, you must do the following: Write a full paragraph (i.e., topic; example, explanation of topic/example’s importance) Write at least five sentences   Final Exam Question Choices What do you think helped you the most in this class? What from this class do you think will help you most in the future? Important Note: No matter which topic you choose, be sure to give one clear answer (i.e., opinion) supported by at least three supporting reasons. You also need to be specific and give examples throughout your answer. You should not have any outside research or quotes.   Section One: Thesis Statement (25 pts.) What do you think helped you the most in this class? What from this class do you think will help you most in the future? Directions: This question is worth 25 points. Do NOT hit Tab! Doing so will likely cause you to accidentally submit your answer early. Section One: Write the thesis statement here.

An adrenergic fiber is one that

The phase in which the design team evaluates various alternative systems and design schemes to determine which best meets the owner s program needs is called:

Schwann cells and oligodendrocytes