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Mastering Construction & Engineering Contracts (JBCC 6.2 Edition 2018)
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Mastering Construction & Engineering Contracts (JBCC 6.2 Edition 2018) – Assessment & Evaluation
Mastering Construction & Engineering Contracts (JBCC 6.2 Edition 2018) - Assessment & Evaluation
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Please tick the correct answer for each of the below questions or statements:
1. Which of these are required elements of a valid contract in South African law Answer: (Select six)
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1. Offer and acceptance
2. Formalities
3. The price must be reasonable
4. Terms and conditions must not be unlawful
5. The agreed performances must be possible
6. The contract must not have been caused by misrepresentation
7. The parties must intend the agreement to be enforceable in law
8. There must be valuable consideration
9. The parties must have a legal status to enter into a contract
2. Name two JBCC contracts
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1. Design by the client and construct by contractor
2. A Purchase and sale contract
3. Minor Works Agreement
4. Principal Building Agreement
5. Target contract with activity schedule
6. Priced contract with a Bill of Quantities
7. Cost reimbursable contract
8. Nominated/Selected Subcontract Agreement
9. Priced contract with schedule of rates
3. Does the common law supersede the specific terms contained in a contract?
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1. Yes
2. No
4. What does bold text in a JBCC contract mean
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1. Main Option
2. Contract Data
3. Documents identified in the Contract Data
4. Defined terms
5. All of the above
5. What is the significance of square brackets [ ] in a JBCC contract
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1. It shows deleted text
2. They are used to refer to clauses or contract data
3. It may create unintended consequences
4. They show amendments
6. What specific qualification must a person in South Africa have to act as a principal agent?
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1. He must be qualified as a project manager
2. He must be a qualified architect
3. He must be a professional engineer
4. He must be a Quantity surveyor
5. Any of the above
7. Can a principle agent be a company
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1. Yes if it has the right to delegate to an actual person
2. No
3. Yes - but it must appoint an actual person to act on its behalf
8. Are headings and marginal notes used to interpret the JBCC
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1. Yes
2. No
9. Must communications in JBCC contract be in writing?
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1. Yes
2. No
3. Yes but depending on the context
10. Are appointed agents delegated by the principal agent
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1. Yes
2. No
3. No, The employer appoints them directly
11. What is a contract instruction used for
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1. Variations
2. All the matters set out in Clause 17
3. They are not used in a JBCC contract
12. The contractor can claim and extension of time and additional expenses for Force Majeure
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1. Only an extension of time
2. P&G’s and an extension of time
3. Maybe
13. What is a time claim called in JBCC?
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1. There is no specific term since claims are not defined
2. Compensation events
3. Revision of the date for practical completion
4. Prolongation claims
5. Disruption claims
14. What is a money claim called in a JBCC contract
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1. There is no specific term since claims are not defined
2. Compensation events
3. Claim for revision of the date for practical completion
4. Prolongation claims
5. Adjustment to the Contract Value
15. In which JBCC contact is the term ‘Interim Completion’ used?
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1. The Principal Building Agreement
2. The Minor Works Agreement
3. The Nominated Selected Subcontract Agreement
4. None of them
16. Can additional defects be added to the ‘List for Practical Completion’
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1. Yes
2. No
17. What does ADR stand for
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1. Arbitration Dispute Resolution
2. Adjudication Dispute Resolution
3. Alternative Dispute Resolution
4. Alternative Dispute Resource
18. Can the employer terminate a JBCC contract for contractors breach if he has not paid outstanding payment certificated
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1. Yes
2. No
3. It depend on the nature of the breach
19. What can a contractor do if his claims is deemed to be rejected
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1. He needn’t do anything
2. Give a notice of dissatisfaction
3. Give notice of specific performance and suspend the works
4. All of the above
5. 1 and 2
20. How long does a JBCC party have to refer a dispute to adjudication
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1. Within 10 days
2. Within 10 days unless the parties agree to extend the time
3. Within 10 working days
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