CELAW QUIZ 4
Managing the cash flow of a construction project is vital for its smooth execution. CIAP Document 102 includes provisions to ensure payments are made at appropriate times to keep the project progressing. Which selection of CIAP Document102 is most relevant for managing cash flow during a project?
Payment Terms
Delays in construction are sometimes unavoidable, and when they occur due to reasons beyond the contractor's control, such as natural disasters, the contract must provide provisions for extensions. What action must be taken when a delay due to force majeure occurs in a project?
Request an extension of the project timeline
Construction contracts are agreements between multiple parties, such as the client and the contractor. Ensuring fairness between parties is essential for the project’s success. CIAP Document 102 ensures fairness between which two parties in construction contracts?
Client and Contractor
In construction contracts. it is crucial to outline the specific responsibilities of the contractor to ensure the project progresses smoothly and according to plan Which section of CIAP Document 102 deals with the responsibilities of the contractor?
Obligation of the Contractor
The role of CIAP in the construction industry is significant. especially when it comes to formulating policies and regulating contractors. Various sections of CIAP Document 102 discuss the responsibilities of different parties involved in construction. What is the primary role of CIAP in the construction industry.
Regulate and promote the construction industry
The contractor is one of the key players in a construction project, and their obligations are clearly outlined in CIAP Document 102 to ensure the successful execution of the project. What is a contractor's primary obligation according to CIAP Document 102?
Complete the project as per contract
specifications
Construction projects are often financed through a series of payments made to the contractor as the project progresses. This ensures that the contractor is compensated while keeping the project on track. In a civil engineering context, which term refers to the compensation tied to project milestones
Progress payments
During a construction project, changes to the original plans may be necessary due to various factors. These changes need to be handled systematically to avoid conflicts. What is the first step to take when there is a variation in the project scope?
Document the changes and seek client approval
In some cases, construction projects face unavoidable delays due to unforeseen circumstances. It is important to understand how these delays are handled in contracts. What does CIAP Document 102 outline as the valid reason for contract extension?
Force majeure
In any construction contract, payment terms are crucial to maintaining a smooth workflow and ensuring that the contractor is compensated fairly for the work completed. CIAP Document 102 provides specific guidelines for payment schedules, which help avoid cash flow problems for the contractor. How are progress payments structured according to CIAP Document 102?
Payments are made based on project
milestones achieved
In the event of disputes between contractors and clients, CIAP Document 102 mandates that disputes be settled through arbitration before court litigation.
True
The CIAP is responsible for both regulating and promoting the construction industry in the Philippines.
True
The payment terms in CIAP Document 102 require that the contractor be paid in full upon completion of the project, without any progress payments.
False
CIAP Document 102 applies only to public construction projects in the Philippines.
False
Under CIAP Document 102, delays caused by the client may entitle the contractor to both an extension of time and additional compensation.
True
In obligations to deliver a specific thing, the loss or destruction of the object can result in the extinguishment of the obligation.
Fortuitous events
A quasi-contract is not based on a formal agreement but arises from situations where one party benefits at the expense of another.
A service rendered without the express
agreement of the parties
Obligations can arise from several sources. These
sources define the legal basis upon which a duty to
perform is created.
Force majeure
Fraud in the formation of a contract allows the
aggrieved party to annul the contract, making it
voidable. What is the consequence of fraud in the
formation of a contract?
The contract becomes voidable
In some cases, the same person becomes both the client and the contractor in an obligation, which extinguishes the obligation. Which of the following extinguishes an obligation due to the merger of the characters of the client and the contractor?
Confusion
Obligations come in different forms depending on
the agreement between the parties. Some
obligations allow the debtor to choose how to fulfill
them. What kind of obligation exists when one party
can choose between two prestations (acts of
performance)?
Alternative obligation
Some contracts are void and inexistent from the beginning, meaning they never produce any legal effect at all. Which of the following makes a contract void from the start?
When it involves an illegal object
Pure obligations are those that are demandable
immediately, without any condition or suspensive
term. Which of the following obligations is
immediately demandable and without conditions?
Pure obligation
The term “recission” refers to a remedy available to the injured party in certain cases, allowing the cancellation of a contract. Rescission of contracts is a remedy provided to the injured party when”
There is a substantial breach that causes injury
to one party or a third party
Recission is a remedy available when a contract causes harm to one party or a third party, despite its initial validity. The remedy of rescission can be applied in cases where the contract:
Causes economic harm to one party
Rescission of a contract can be demanded even if the contract was validly made, provided it causes injury to one of the contracting parties or a third person.
True
A void contract is considered as if it never existed and cannot be ratified.
True
Solidary obligations allow the creditor to demand
the entire performance from any of the debtors.
True
A voidable contract remains valid unless annulled by the party entitled to do so.
True
An obligation is a juridical necessity to give, to do, or not to do.
True
There is a standard application fee that every candidate must pay to register for the Civil Engineering Licensure Examination. How much is the application fee for the Civil Engineering Licensure Examination?
Php 900.00
The certificates of good moral character can be
obtained from several recognized institutions or
organizations. Which of the following is a valid
source for a Certificate of Good Moral Character for
CELE application?
Barangay
The laws regulating civil engineering practice in the Philippines require engineers to pass the licensure exam. Which Republic Act mandates the licensure examination for civil engineers in the Philippines?
Republic Act No. 544
Professional organizations in the Philippines
provide guidance and support to civil engineers
throughout their careers. What does PICE stand for,
in relation to the civil engineering profession in the
Philippines?
Philippine Institute of Civil Engineers
Passing the Civil Engineering Licensure
Examination requires achieving a specific minimum
average score. What is the minimum general
average required to pass the CELE?
70%
The age and citizenship of the applicant are important criteria for eligibility in the Civil Engineering Licensure Examination. What is the minimum age requirement for applicants of the Civil Engineering Licensure Examination?
21 years old
The subjects covered in the Civil Engineering Licensure Examination include various engineering topics essential to the practice. What is the percentage weight of the Mathematics, Surveying, and Transportation Engineering subject in the CELE?
35%
Good moral character is an essential trait for professionals, and the licensure exam requires applicants to prove it. How many certificates of good moral character must be submitted with the CELE application?
Two
The frequency of the Civil Engineering Licensure Examination ensures graduates have regular opportunities to take the test. How often is the Civil Engineering Licensure Examination conducted each year?
Twice a year
The Philippines' licensure examination system involves several online services that assist applicants in scheduling and filing applications. What does LERIS stand for in the context of PRC's licensure application system?
Licensure Examination and Registration
Information System
Married female applicants do not need to submit a
marriage contract when applying for the CELE
False
An applicant must be at least 18 years old to qualify
for the Civil Engineering Licensure Examination.
False
The subjects covered in the CELE include
Mathematics, Surveying, and Transportation
Engineering.
True
Applicants must provide a valid NBI clearance as
part of their requirements for the CELE.
True
A Certificate of Good Moral Character is optional for
CELE applicants.
True
Which section of P.D. 1096 deals with penalties for
non- compliance?
Enforcement and Violations
Which permit is necessary to occupy a building legally after construction?
Occupancy Permit
Which of the following is a requirement for ensuring the safety of persons with disabilities under P.D. 1096?
Accessibility provisions such as ramps and
handrails
In case of non-compliance with P.D. 1096, what is a possible consequence?
Fines, penalties, and project stoppage
Which of the following is NOT a key technical provision of P.D. 1096?
Interior design aesthetics
What kind of inspection is required during
construction?
Periodic inspections to ensure compliance with
approved plans
When was P.D. 1096 enacted?
February 19, 1977
What is one of the main objectives of the National
Building Code?
Ensuring structural stability and safety
The fire safety provisions in P.D. 1096 DOES NOT include:
The distance between fire stations
What document needs to be secured before starting any construction?
Building permit
Violations of P.D. 1096 can result in fines and project suspension.
True
Under P.D. 1096, a building permit must be secured before any construction begins.
True
The National Building Code does not require
compliance with fire safety regulations.
False
Civil engineers play a role in ensuring that building
designs comply with structural stability standards
under P.D. 1096.
True
P.D. 1096, or the National Building Code, applies to both public and private buildings.
True
Force majeure events are unpredictable occurrences that can delay or interrupt construction projects. Contracts typically have provisions to address such situations. In the context of construction, what is a 'force majeure' event?
An unforeseen event beyond anyone's control
Construction contracts often differ based on whether a project is public or private. CIAP Document 102 addresses the specific needs of a particular type of construction. CIAP Document 102 primarily covers which type of construction projects?
Private construction projects
The Philippine government has established various boards to ensure that construction projects are carried out by qualified and accredited professionals. One of these is responsible for contractor accreditation. Which agency is responsible for the accreditation of contractors in the Philippines?
Construction Industry Authority of the Philippines
Contracts are critical to any construction project because they define the scope, responsibilities, and expectations of all parties involved. CIAP Document 102 serves as a foundational document for private construction contracts. What is one of the key purposes of CIAP Document 102?
To establish a uniform set of general conditions for private construction contracts
CIAP Document 102 includes provisions that allow the contractor to adjust the contract duration at their discretion if they encounter internal delays.
False
Contractors are allowed to implement variations in the project scope immediately after identifying the need for change, without prior approval from the client.
False
Force majeure events are covered under CIAP Document 102, and if such events occur, contractors may be entitled to a time extension but not additional payment.
True
When interpreting contracts, courts prioritize the true intent of the parties over the literal wording of the contract. In interpreting contracts, what is given priority when there is ambiguity?
The intention of the parties
An obligation to deliver a specific thing is not extinguished if the thing is lost due to a fortuitous event.
False
Civil engineers need to have a strong foundation in hydraulics to understand fluid behavior, which is part of the CELE. Which topic is covered under Hydraulics in the CELE?
Buoyancy and flotation
Female applicants of the licensure examination who are married need to submit additional documentation. What document must married female applicants submit during their CELE application?
Marriage contract issued by the PSA
Licensure exams in the Philippines are regulated by a national government agency to ensure professional standards. Which organization is responsible for conducting the Civil Engineering Licensure Examination in the Philippines?
Professional Regulation Commission (PRC)
The CELE is held in both May and November each year.
True
The CELE is conducted only once a year.
False
To pass the CELE, a candidate must achieve a general average of at least 75%
False
Applicants must have a minimum of three years of work experience before taking the CELE.
False
The Civil Engineering Licensure Examination (CELE) is required for all civil engineering graduates in the Philippines to practice professionally.
True
Which government office is primarily responsible for overseeing the enforcement of P.D. 1096?
Office of the Building Official (OBO)
What is the purpose of a building permit under P.D. 1096?
To ensure that a proposed construction complies with safety and zoning standards
Which of the following types of structures does P.D. 1096 apply to?
All public and private buildings and structures
The primary goal of P.D. 1096 is to promote architectural aesthetics in building construction
False
P.D. 1096 only applies to residential buildings, not commercial or industrial structures.
False