Contracts assignment q's

A floor plan at small scale shows a door, but a larger scale drawing of the same area shows no door. Is the door part of the contract?

No, larger scale drawings govern over smaller scale drawings

The Owner pays an invoice for incorrectly placed footings and later withholds money to correct the error. Does payment equal acceptance?

No, payment does not constitute acceptance of non-conforming work

The Owner directly instructs a subcontractor to change installation methods. Can the Owner later sue the subcontractor for ignoring the instruction?

No, there is no privity of contract between Owner and subcontractor

A Consultant resigns mid-project under CCDC2. What must the Owner do?

Immediately engage a replacement Consultant acceptable to the Contractor

Is the Consultant responsible for supervising construction procedures under CCDC2?

No

Who is responsible for ensuring the Work conforms to the Contract Documents?

The Contractor

When separate contracts are awarded by the Owner, who coordinates the work of other contractors?

The Owner

When separate contracts are awarded, must the Contractor allow other contractors reasonable access to the site?

Yes

Can the Owner veto a subcontractor after the CCA1 subcontract is signed?

No

A Contractor submits shop drawings with errors not caught by the Consultant. Who is responsible?

The Contractor

Does the Consultant’s failure to detect shop drawing errors transfer liability?

No

When must the Contractor submit a construction schedule under CCDC2?

Within the time specified in the contract, typically early in construction

How often must the construction schedule be updated?

Monthly or as required by the contract

Who evaluates applications for payment under CCDC2?

The Consultant

Can the Consultant modify or reject an application for payment?

Yes

Is the Consultant required to be perfect in reviewing the Work?

No, decisions are based on reasonable observation

Does substantial performance mean all deficiencies are complete?

No

Who remains responsible for defective subcontractor work?

The Contractor

At what moment is bid compliance legally assessed?

At the time of bid submission

What happens if a bid contains a material defect?

It is invalid as a matter of law

Can an Owner accept a non-compliant bid using a privilege clause?

No

What legal relationship is created when a compliant bid is submitted?

Contract A

What legal relationship is created when a bid is accepted?

Contract B

What obligation does Contract A impose on the Owner?

To treat all bidders fairly and equally

Can an Owner waive major bid irregularities?

No

When may an Owner waive irregularities?

Only when they are minor

What action violates tendering fairness?

Giving one bidder an unfair advantage

Does a privilege clause allow bid shopping?

No

What legal principle was established in Ron Engineering v Ontario?

Submitting a compliant bid creates Contract A

What did MJB Enterprises v Defence Construction clarify?

Owners must accept only compliant bids

What was the issue in Vachon v Cariboo Regional District?

Ambiguous pricing between written and numeric values

How did the court rule in Vachon v Cariboo?

The bid was invalid due to ambiguity

What error occurred in Foundation Building West v City of Vancouver?

An arithmetic addition error

Why was correcting the arithmetic error allowed?

The privilege clause permitted correction without unfairness

What is unjust enrichment?

One party benefits without a legal justification at another’s expense

What three elements must be proven for unjust enrichment?

Enrichment, corresponding deprivation, absence of juristic reason

What type of contract existed in the Eco-Zone case?

Stipulated price contract

What was Eco-Zone’s mistake?

Excluding GST from the bid price

Was Eco-Zone relieved from the contract due to the mistake?

No

If a cash allowance is exceeded, how is the difference handled?

Through a change order paid by the Owner

If a cash allowance is underspent, who receives the credit?

The Owner

Who controls contingency allowance spending?

The Owner

If contingency allowance is unused, who receives the credit?

The Owner including OH and profit

Which allowance covers undefined scope items?

Cash allowance

Which allowance covers unforeseen conditions?

Contingency allowance

What happens if a claimant fails to attend a settlement conference?

The claim may be dismissed

What happens if a defendant fails to attend a settlement conference?

The judge may make an order

What is the first step in a Small Claims trial?

Opening statement by the claimant

What is the final step in a Small Claims trial?

Judge’s decision

To which court can a Small Claims decision be appealed?

Supreme Court of British Columbia

Does payment certify the quality of work?

No

Does the Consultant act as the Owner’s agent?

Yes

Is the Consultant responsible for site safety?

No

Can obligations be assigned without consent?

No

Who bears risk under a stipulated price contract?

The Contractor