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The last edit to this post was made by Desert Fish on 2015-10-19 at 07:11. I’ve gathered some questions from this year’s First-Class Constructor exam, along with their answers. I’m sharing them here to boost everyone’s interest in participating. Instead of posting all the questions at once, I’ll present five multiple-choice questions or one case study at a time, with the answers hidden. The answer will be available after responding. Everyone is welcome to participate; the moderator will give a reward to those who give correct answers. ****************************************** 40. A construction company entered into a construction contract with a development company, under which the construction company was required to advance 20% of the project cost in advance, but the method for calculating interest was not specified. The latter two companies had a dispute over the payment for the construction work; the construction company filed a lawsuit in the people’s court, demanding that the development company pay the amount owed for the construction work as well as the interest on the funds advanced for it, and the people’s court granted this request. A. Support all of the claims regarding the lawsuit. B. Support the claims related to the project payment, but not those related to interest. C. Reject all of the claims in this lawsuit. D. Reject the claims related to the project payment, but support those related to interest. 【Construction Project Laws – Answer】B 【Construction Project Laws – Explanation of the Answer】This question deals with the payment of project costs. The “Interpretation of the Supreme People’s Court on Issues Concerning the Application of Law in Cases Involving Disputes over Construction Contracts” stipulates that where the parties have not agreed on interest on advance payments, any request by the contractor for payment of such interest shall not be supported. See page P125 of the textbook. 41. During the construction process, when the project owner violates regulations by requesting lower quality standards for the project, the construction company should. A. Reject it B. Obtain the consent of the design unit C. Obtain the consent of the supervision unit D. Reach an agreement through consultation with all relevant parties 【Construction Project Laws – Answer】 A 【Construction Project Laws – Explanation of the Answer】 This question examines the regulations regarding the implementation of mandatory standards in construction projects. Architectural design firms and construction companies shall refuse requests from the project owner to lower the quality of the construction in violation of relevant regulations. 42. According to the Record of Bad Behaviors of Various Entities in the National Construction Market, those that fall under bad behaviors in contract execution are. A. Allowing other units or individuals to undertake projects in the name of this unit. B. Failing to fulfill warranty obligations or delaying the performance of such obligations. C. Subcontracting or illegally dividing the contracted projects. D. Failing to construct in accordance with energy-saving design requirements. 【Construction Project Regulations – Answer】C 【Construction Project Regulations – Explanation of Answers】This question examines the criteria for identifying adverse behaviors on the part of construction companies. Criteria for identifying adverse behaviors in obtaining contracts include: (1) Using improper methods such as bribing the client and its staff, offering kickbacks, or providing other benefits to secure contracts ; (2) Those who collude with each other in bidding or collude with the tenderer in bidding shall seek to win the bid by bribing the tenderer or members of the bid evaluation committee ; (3) Bidding in someone else’s name or engaging in other forms of fraud to secure a bid illegally ; (4) Failing to fulfill obligations as stipulated in the contract concluded with the tenderer, where the circumstances are serious ; (5) Subcontracting the contracted project or undertaking it illegally. See textbook P110.
40. A construction company entered into a construction contract with a development company, under which the construction company was required to advance 20% of the project cost in advance, but the method for calculating interest was not specified. The latter two companies had a dispute over the payment for the construction work; the construction company filed a lawsuit in the people’s court, demanding that the development company pay the amount owed for the construction work as well as the interest on the funds advanced for this purpose. The people’s court should (B). A. Grant full support to all of the claims in question. B. Support the claims related to the project cost, but not those related to interest. C. Reject all of the claims in question. D. Reject the claims related to the project cost, but support those related to interest. 41. During the construction process, when the client violates regulations by requesting that the quality of the work be reduced, the construction company should (A). A. Reject it. B. Obtain the consent of the design unit. C. Obtain the consent of the supervision unit. D. Reach an agreement through consultation with all relevant parties. 42. According to the \"Record of Bad Behaviors of Various Entities in the National Construction Market\", which option represents a bad behavior related to contract execution? (C) A. Allowing other entities or individuals to undertake projects in the name of this entity. B. Failing to fulfill warranty obligations or delaying the fulfillment of such obligations. C. Subcontracting or illegally dividing the contracted projects. D. Failing to construct in accordance with energy-saving design requirements
40, A. --41, A. --42, C. ---------------------------------
40. A construction company entered into a construction contract with a development company, under which the construction company was required to advance 20% of the project cost in advance, but the method for calculating interest was not specified. The latter two companies had a dispute over the payment for the construction work; the construction company filed a lawsuit in the people’s court, demanding that the development company pay the amount owed for the construction work as well as the interest on the funds advanced for it, and the people’s court granted this request. B. A. Support all of the claims in question. B. Support the claims related to the project cost, but not the claims related to interest. C. Reject all of the claims in question. D. Reject the claims related to the project cost, but support the claims related to interest. 41. During the construction process, when the client violates regulations by requesting that the quality of the work be reduced, the construction company should… A. Reject it. B. Obtain the consent of the design unit. C. Obtain the consent of the supervision unit. D. Re reach an agreement with all relevant parties. 42. According to the \"Record of Bad Behaviors of Various Entities in the National Construction Market\", which of the following constitutes a bad behavior related to contract execution? C A. Allowing other entities or individuals to undertake projects in the name of this entity. B. Failing to fulfill warranty obligations or delaying the fulfillment of such obligations. C. Subcontracting or illegally dividing the contracted projects. D. Failing to construct in accordance with energy-saving design requirements
40. B. Supports the claim regarding the payment for the work done, but rejects the claim for interest. 41. A. Rejects it. 42. C. Subcontracts or illegally assigns the contracted work
40. A construction company entered into a construction contract with a development company, under which the construction company was required to advance 20% of the project cost in advance, but the method for calculating interest was not specified. The latter two companies had a dispute over the payment for the construction work; the construction company filed a lawsuit in the people’s court, demanding that the development company pay the amount owed for the construction work as well as the interest on the funds advanced for it, and the people’s court granted this request. B. A. Support all of the claims in question. B. Support the claims related to the project cost, but not the claims related to interest. C. Reject all of the claims in question. D. Reject the claims related to the project cost, but support the claims related to interest. 41. During the construction process, when the client violates regulations by requesting that the quality of the work be reduced, the construction company should… A. Reject it. B. Obtain the consent of the design unit. C. Obtain the consent of the supervision unit. D. Re reach an agreement with all relevant parties. 42. According to the \"Record of Bad Behaviors of Various Entities in the National Construction Market\", which of the following constitutes a bad behavior related to contract execution? A. Allowing other entities or individuals to undertake projects in the name of this entity. B. Failing to fulfill warranty obligations or delaying the performance of such obligations. C. Subcontracting or illegally dividing the contracted projects. D. Failing to construct in accordance with energy-saving design requirements
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