1.) Under the AIA form contracts include an affirmative duty for the prime contr
ID: 1766425 • Letter: 1
Question
1.) Under the AIA form contracts include an affirmative duty for the prime contractor to initiate, maintain and supervise all safety programs.
Agree Disagree
2.) List four people whose contact information should be listed in a construction company’s disaster plan.
______________
_______________
_______________
_______________
3.) What type of OSHA citation can be used as some evidence that a contractor was not grossly negligent or malicious?
A.) Serious
B.) Willful
C.) Reckless
D.) All of the above
E.) None of the above
4.) An injured worker on a construction project who is covered by workers’ compensation insurance cannot sue his employer because the law limits the worker to the exclusive remedy of receiving the benefits of workers’ compensation insurance.
True False
5.) If key evidence is destroyed after an accident (e.g. a fall of an injured employee who was using a 5 year old safety harness that was in questionable condition), a Court can instruct a jury that it should presume the destroyed evidence would have been adverse to the party who failed to preserve it (e.g. the employer knew the harness/lanyard, as furnished to the worker, was in poor condition).
True False
6.) In the Spearin case, the United States Supreme Court stated that if a___________is bound to build according to plans and specifications prepared by the _______________ , the ______________ is not responsible for the consequences of defects in the plans and specifications.
7.) One limitation on tort claims, such as negligence, is the economic loss rule. It functions as a way for courts to force parties with a contract to sue under contract, rather than under tort law theories like negligence when the only damage is in the form of economic losses to the subject of the contract.
True False
8.) If an owner wants to sue his prime contractor for using substandard flooring and installing it in a poor and less than workmanlike manner, if the only damage is the expense that it will take to reinstall new flooring should the economic loss rule apply to force the owner to sue under contract rather than negligence?
______Yes ______No
Explanation / Answer
1. Agree
3. i) Owner & Co-owner
ii) Claims and safety Director
iii) Equipment Manager
iv) Field safety manager
3. All of the above
4. False
5. True
6. i) Contractor, ii) Ower, iii) Contractor
7. True
8. No
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