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Your Results for: "APEGGA-style Practice Examination Part B"

Book Title: Samuels and Sanders, Practical Law of Architecture, Engineering, and Geoscience, Second Canadian Edition Book Samuels Author: Location Chapter 1 > on Site: Practice Exams > APEGGAstyle Practice Examination Part B Date/Time July 16, 2011 Submitted: at 11:45 PM (UTC/GMT)

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Summary of Results
68% Correct of 50 Scored items:
34 Correct: 16 Incorrect: 68% 32%

More information about scoring

1.

Which best describes the possible consequences of a breach of a binding code of ethics? Your Answer: A breach of a code of ethics may also be a breach of a legal duty and so the breaching professional may face civil liability in addition to disciplinary action.

2.

Which of the following is the best definition of a conflict of interest? Your Answer: The temptation to approve slightly defective work to appease a contractor the professional is friends with. Correct Answer:

Correct Answer:

A situation where the professional's duties to the public, the client, the employer, the profession, or him or her self point to different courses of action in a particular situation.

The wrong answers are examples of conflicts of interests, rather than a definition of them.

3.

Which of the following regarding the relationship between unethical and criminal conduct is true? Your Answer: Criminal conduct related to professional duties is generally also unethical.

4.

What steps should a professional take when accused of negligent and/or unethical conduct? Your Answer: Notify his or her insurer.

5.

Which of the following duties requires professionals to report the misconduct of fellow professionals? Your Answer: Duty to the public. Correct Answer: Duty to the profession.

6.

Which of the following duties ranks highest? Your Answer: Duty to the public.

7.

Which of the following statements most accurately describes the standard of care expected of

professionals? Your Answer: Standard of the average professional in the field.

8.

What first steps should a professional take when faced with a conflict of interest involving the duty of loyalty to the client? Your Answer: Consider disclosing the conflicting interest to the client with a view to discussing whether the client is prepared for the professional to continue acting in the circumstances.

9.

An architect knows the construction budget for a housing development, and suspects that the housing market might decline such that his client, the developer, may struggle to cover the costs of the housing development. Which of the following courses of action are appropriate? Your Answer: The architect mentions the concern to his client, the developer, and asks whether the developer would like to consider design modifications to reduce construction costs.

10.

What remedy might an employer have against an employee who sets up a competing business? Your Answer: Any of the above may apply.

11.

A contractor makes a claim for extra costs incurred due to an impractical design by the architect who is the principal agent and arbiter of claims for extras. What should the architect do?

Your Answer: Approve payment of 50% of the extra if the architect is unsure whether the design was adequate. Correct Answer: Seek legal advice. The architect must not disregard the duty of fairness to the contractor, but must not make concessions to the detriment of his insurer. Certainly, legal advice should be sought.

12.

An environmental engineer is asked by a developer to write a report to be submitted for environmental approval of a development, and is told that payment will be made by way of a unit in the development if the development gets environmental approval. What should the engineer do? Your Answer: Accept possible payment by way of a unit in the development, but warn the developer that the report will be objective and impartial even if that results in no compensation for the engineer. Correct Answer: Insist on payment not dependant on environmental approval being granted, or decline to provide the report.

13.

Which of the following is generally not part of a phase 1 environmental site assessment? Your Answer: Soil sampling to check for contamination.

14.

Which course of action should a professional not follow when an owner insists that the professional accept a risk that the professional is not comfortable accepting? All of the above are acceptable.

Your Answer: Correct Answer:

Correct Answer:

Accept the risk if it seems unlikely to materialize.

15.

Who of the following would not be personally liable for the costs of environmental cleanup? Your Answer: A director of the company that owns the contaminated property. Correct Answer: Shareholders of the company that polluted the property. Shareholders may lose their investment if their shares become worthless because the cleanup costs bankrupt the company, but they do not stand to lose more than their investment.

16.

Which of the following corporate wrongs would the directors of the corporation not likely be personally liable for? Your Answer: Corporate breach of construction lien legislation. Correct Answer: Corporate failure to pay for office supplies.

17.

Which of the following accurately describes when performance specifications will be used? Your Answer: The contractor has highly specialized design expertise.

18.

Which of the following is generally not a task of the contract administrator / owner's consultant? Your Answer: All of the above are tasks that may be completed by the owner's consultant.

19.

Which of the following statements is false regarding invitations for tenders for private projects? Your Answer: The invitation is always required to include statutorily defined rules for rejecting bids.

20.

Which of the following is true regarding consultants who advise owners in evaluating and awarding contracts? Your Answer: Consultants may be sued for defamation if they advise owners to reject bids.

21.

Under the postal acceptance rule, when is a contractual communication complete? Your Answer: The sender places the envelope in the mailbox.

22.

Which of the following will not likely lead to a conflict between the insurer and the insured? Your Answer: A strong claim is made and the value of the claim is within the coverage limit.

23.

Which of the following would likely not be covered by a contractor's CGL policy? Your Answer: The cost of repair to a lobby canopy that is damaged by a falling

window after its defective hinge failed. Correct Answer: The cost of removing windows that were likely to leak. CGL policies typically do not cover the cost of remedying defective workmanship.

24.

Which of the following is false regarding performance bonds? Your Answer: If the surety refuses to acknowledge that the contractor was in default, the surety may be liable for damages for delaying the completion of the construction contract. Correct Answer: The maximum liability of the surety is always limited to the value of the bond. If the surety elects to complete the construction contract on behalf of the contractor, it may be liable for more than the face value of the bond.

25.

Which of the following is likely to be excluded from a builders' risk insurance policy? Your Answer: All of the above.

26.

Which of the following is true for all types of bonds used on construction projects? Your Answer: They are put in place at the start of the construction project. Correct Answer: The surety can rely on any defence open to the principal.

Lien bonds are only implemented after a lien has been filed. Labour and material payment bonds are primarily for the benefit of the subcontractors. The surety may simply pay the face value of the bond instead of accepting the obligations owed by the defaulting principal.

27.

Which of the following is false regarding labour law negotiations? Your Answer: The employer can discourage the employees from supporting a particular union for negotiation purposes.

28.

Which of the following is false regarding the situation during a lockout or strike? Your Answer: Employers can hire temporary replacement workers.

29.

Which workers are generally laid off first when a collective agreement is in place? Your Answer: The more junior ones.

30.

If the contract between the owner and the contractor fails to specify who is responsible for occupational health and safety on the work site, who is responsible for safety? Your Answer: The owner and the contractor share the responsibility for the entire contract. Correct Answer: The owner.

Most legislation states that unless there is agreement to the contrary the responsibility remains with the owner.

31.

The clever rhyming lyrics of a song are protected by: Your Answer: Copyright law.

32.

Which of the following is not a requirement for a machine to be patentable? Your Answer: It must not be in general use by the public. Correct Answer: It must be an improvement on existing machines that do the same job. Being better than available alternatives is not a requirement for patentability.

33.

Which of the following is not a risk associated with a letter of intent? Your Answer: Both parties may commence work without ever creating a formal contract, which will create problems if a dispute arises. Correct Answer: There may be no consideration to make the letter a valid contract. Since a letter of intent is not supposed to create a contract, lack of consideration is not a problem.

34.

Which of the following is false regarding the law of agency? Your Answer: A principal will not be bound by the

Your Answer:

acts of an agent unless actual authority exists.

35.

For which of the following project delivery models does the owner take the greatest risk of changes in law? Your Answer: Design-bid-build. Correct Answer: Construction management.

36.

Under which of the following project delivery models does the contractor not have significant incentive to reduce costs? Your Answer: Cost-plus contract.

37.

Which of the following is false regarding public-private partnerships? Your Answer: The risks borne by the concessionaire are typically short term in nature.

38.

Which of the following is an unintentional tort? Your Answer: Negligence.

39.

Which of the following is typically not a fiduciary relationship? Your Answer: Owner and contractor.

40.

40.

Which of the following is not an advantage of negotiation? Your Answer: It ensures final resolution of the dispute.

41.

Which of the following is a reason why a lien claim may not succeed? Your Answer: All of the above.

42.

Which of the following elements of a delay claim is generally the most difficult to prove? Your Answer: The amount of additional cost caused by the delay.

43.

Which of the following points towards an independent contractor relationship? Your Answer: The person performing the work gets paid a set amount, regardless of how long it takes to perform the work. Correct Answer: The employer requires the person performing the work to have insurance coverage.

Employers are not vicariously liable for the acts of independent contractors, and so independent contractors typically arrange their own insurance.

44.

Which of the following statements is false regarding regulation of professions in Canada? Your Answer:

Your Answer:

Professionals may opt to register with industry associations rather than the applicable professional regulatory body.

45.

Which of the following statements is false regarding technical groups and associations? Your Answer: Technical associations provide training to members of the profession. Correct Answer: Professionals are required to join the provincial technical group related to their primary area of professional practice. Membership in technical associations is voluntary.

46.

What is the significance of the scope of practice specified for a profession? Your Answer: Only registered professionals can perform work within the scope of practice.

47.

Which of the following is typically not a requirement for registration as a professional engineer or geoscientist? Your Answer: Technical competence exam.

48.

Which of the following would not be an example of enforcement by a professional regulatory body? Your Answer: Holding a hearing to determine whether a registered professional engineer acted in breach of the code of

ethics of the profession.

49.

What is the best approach when a legislated design code is ambiguous on a key point of design for a project? Your Answer: Select an interpretation that is consistent with the intent of the code.

50.

Which of the following would not be overseen by the board of a professional regulatory body? Your Answer: Calculating compensation for victims of professional negligence.

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