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Chapter 8: Legal Relations, Rights and 5. Powers exercised by the agent 2.

Responsibilities of Technical Men
In any event technical litigation will As to completion status
In general an employee may be ordinarily require expert service for the
1. Executory
discharged for any of the ff. causes purpose of:
2. Executed
1. Insubordination 1. Consultation in regard to the
As to form
2. Dishonesty technical details involved’
3. Disloyalty 2. Assistance in the preparation of 1. Contract under seal
4. Drunkenness the case 2. Contract of record
5. Incompetence 3. Assistance in the examination of 3. Simple or parol contract
6. General neglect technical witnesses
7. Absence from work 4. Testifying as an expert witness Simple or parol contract may be
8. Being a poor national security risk 1. Required to be in some specified
Chapter 9: Elements of Contracts
The engr. As an agent has the ff. form
responsibilities Classification of Contracts 2. Required to be in writing but not in
any special form
1. As to origin
1. He must possess the reasonable 3. Without requirement as to form or
2. As to participants
degree of skill, learning and writing
3. As to obligation status
4. As to completion status As to legal status
2. He must obey the lawful
5. As to form
instructions of his principal 1. Valid
6. As to legal status
3. He must use reasonable and 2. Void
ordinary care As to origin 3. Voidable
4. He must use his best judgment 4. Unenforceable
5. He must be honest 1. Express Contract
2. Implied Contract Essential Elements of a Contract
The authority of an agent consists of: 3. Quasi contract
1. There must be two or more
1. Those powers directly conferred As to participants competent contracting parties
2. Incidental powers 2. There must be mutual agreement
3. Powers which custom and usage 1. Two-party
2. Joint on the part of all parties to the
have added to the powers directly contract
conferred 3. Several
3. There must be a valuable
4. Other powers as the principal has 4. Joint and several
consideration for each of the
by act, neglect, omission or 5. Third-party beneficiary
parties to the contract
acquiescence caused or permitted As to obligation status
those dealing with the agent
1. Bilateral
4. The obligations which the parties to 2. The representation must be as to a 1. A special promise by an executor or
the contract undertake must be for past or present fact administrator to render himself
legal acts 3. It must be of a material fact personally liable for the debts of
5. The contract must be set forth 4. The party making the statement the deceased
according to the form and executed must know it to be false 2. Any special promise to answer for
in the manner prescribed by law 5. It must be made with the intention the debts, defaults, or miscarriages
that it will be acted on by the other of another person
Competency of Contracting Parties
party 3. Any agreement made upon the
6. It must be relied upon by the other consideration of marriage
1. Infants (minors) party and induce him to act 4. Any contract the terms which
2. Persons of unsound mind 7. The other must have suffered cannot be performed within one
3. Drunken persons damage thereby year
4. Persons under legal guardianship 5. Any contract for the sale of any
Principal classes of contracts opposed to interest in land
5. Corporations
law or to public policy
6. Convicts 6. Contracts for the purchase of
7. Enemy aliens 1. Contracts for the sale of public goods, wares or merchandise
8. Federal and state governments office
Ways of Discharging a Contract
9. Foreign countries and their 2. Contracts which tend to deprive the
sovereigns court of jurisdiction 1. Discharge by Performance
10. Professional persons who are 3. Contracts which tend to encourage 2. Impossibility of Performance
required by law to register and be litigation 3. Substantial Performance
licensed 4. Contracts for the committing of a 4. Discharged by Agreement
crime 5. Discharged by Operation of Law
Mutual Agreement
5. Agreements tending to promote 6. Discharged by Breach of Contract
1. Offer and Acceptance Identical fraud and breach of trust 7. Discharge by Statute of Limitations
2. Time of Acceptance 6. Contracts which unduly affect the
Chapter 10: Construction by Direct
3. Method of Acceptance freedom or security of marriage
Employment and by Contract
4. Revocation 7. Contracts in unreasonable restraint
5. Misrepresentation of trade Some Factors Which Affect the Cost of
6. Fraud 8. To pay a usurious rate of interest Construction Work
7. Duress 9. Any agreement the object of which
is to injure the public health or 1. The Engineer
8. Undue Influence
safety 2. Local Conditions
Essential Elements of Fraud 10. Agreements to establish unlawful 3. Plans and Specifications
monopolies 4. Contingencies
1. A false representation of a material
5. Casualties
Legal Requirements as to Form 6. Transportation
7. Equipment 5. Agreement 1. Description of work
8. Material 6. Performance bond 2. Proposals
9. Supervision 7. General specifications 3. Bids
10. Labor 8. Detailed specifications 4. Contract
11. Combinations 5. Bond
The Advertisement should therefore
12. Graft 6. Time of completion
13. Politics include the ff. information: 7. Standard specifications
1. The name of the individual or 8. Engineer’s estimates of quantities
Chapter 11: Competitive Bidding and
organization requesting bids 9. Contract documents
Contracting Procedures
2. The location of the proposed work
Chapter 12: Advertising and Letting 3. When and where bids will be
Contract received 1. Delivery of Bids
4. When and where bids will be 2. Withdrawal of Bids
1. Purpose of Advertisement
opened 3. Bid on complete project or
2. Nature of Advertisement
5. The exact manner in which bids complete division of project
3. Formalities
should be addressed 4. Basis on which bids are requested
4. Time Allowed
6. A general description of the work 5. Bid Guarantee
5. Instructions to Bidders
7. Where plans and specifications 6. Bidder’s responsibility
6. Form of Proposal
may be inspected 7. Omissions and additions
7. Receiving and Opening Bids
8. Where copies of the plans and 8. Interpretation of contract
8. Letting the Work
specifications may be obtained and documents
Chapter 13: Contract Documents the amount of the deposit required 9. Requirements for signing bids
9. A statement that the owner
Contract Contract
reserves the right to reject any or
1. Scope of the Work all bids 1. Award of contract
2. Time of Completion 10. The requirements as to signed 2. When award effectual
3. The Contract Sum contract and bond accompanying 3. Numbers of copies of documents
4. Progress Payments bid
11. Any special or unusual Instructions to Bidders
5. Final Payment
6. Settlement of Disputes requirements 1. Invitation
12. The name of the individual or 2. Proposal Consideration
Arrangement of Contract Documents organization and the officer of the 3. Proposal Forms
1. Advertisement or request for bids organization who is having the 4. Bids
2. Instructions to bidders advertisement published 5. Commencement and Completion of
3. Proposal Items usually included in the “Instructions Work
4. General conditions 6. Contract Documents
to Bidders”
7. Contract Form 2. Claims filed or reasonable 5. Storage of Construction Materials
8. Examination of Site evidence indicating probable filing 6. Sanitary Conditions, Drinking Water
9. Discrepancies of claims and Sewage Disposal
10. Qualifications 3. Failure of the contractor to make 7. Delays
11. Wage Rates payments properly to 8. Extension of Time of Completion
12. Opening of Bids subcontractors
4. A reasonable doubt that the Completion and Acceptance of the Work
Chapter 14: General Conditions of the
contract can be completed for the 1. Testing for Operation
balance then unpaid 2. Final Cleaning Up
Material in the “General Conditions” 5. Damage to another contractor 3. Final Inspection
4. Acceptance
1. Intent of the contract documents Business Details
2. Definitions
1. Detailed Drawings and Instructions
3. Bond requirements and financial
2. Copies Furnished
3. Shop Drawings
4. Reports and payments
4. Drawings and Specifications on the
5. Modifications of contractual
5. Ownership of Drawings and Models
6. Business details
6. Coordination of the Contract
7. Conduct of the work
8. Completion and acceptance
7. Operating Instructions
Insurance 8. Samples
9. Materials and Workmanship
1. Contractor’s Insurance 10. “Or Equal” Clause
2. Owner’s Insurance 11. Surveys, Lines and Grades
a. Owner’s Protective Liability 12. Mutual Responsibility of
b. Builder’s Risk Insurance Contractors
Construction Reports 13. Relations of Contractor and
1. Detailed Estimate
2. Periodical Estimate for Partial Miscellaneous Articles Related to the
Payment Conduct of the Work

Payments Withheld 1. Temporary Heat

2. Use of Job Site
1. Defective work not remedied 3. Use of Liquor on Site
4. Good Housekeeping