Your Results for: "APEGGA-stylePractice Examination Part B"

Print this page

Book Title: Samuels andSanders,Practical Law ofArchitecture,Engineering,andGeoscience,SecondCanadianEdition

BookAuthor:

Samuels

Locationon Site:

Chapter 1 >Practice Exams> APEGGA-style PracticeExaminationPart B

Date/TimeSubmitted:

July 16, 2011at 11:45 PM(UTC/GMT)

Summary of Results68% Correct of 50 Scored items:

34 Correct: 68%16 Incorrect: 32%

More information about scoring

1. Which best describes the possible consequences of abreach of a binding code of ethics?

Your Answer: A breach of a code of ethics may alsobe a breach of a legal duty and so thebreaching professional may face civilliability in addition to disciplinaryaction.

2. Which of the following is the best definition of aconflict of interest?

Your Answer: The temptation to approve slightlydefective work to appease acontractor the professional isfriends with.

Correct Answer:

Correct Answer:A situation where the professional'sduties to the public, the client, theemployer, the profession, or him orher self point to different courses ofaction in a particular situation.

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

3. Which of the following regarding the relationshipbetween unethical and criminal conduct is true?

Your Answer: Criminal conduct related toprofessional duties is generally alsounethical.

4. What steps should a professional take when accused ofnegligent and/or unethical conduct?

Your Answer: Notify his or her insurer.

5. Which of the following duties requires professionals toreport 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 accuratelydescribes the standard of care expected of

professionals?

Your Answer: Standard of the average professional inthe field.

8. What first steps should a professional take when facedwith a conflict of interest involving the duty of loyaltyto the client?

Your Answer: Consider disclosing the conflictinginterest to the client with a view todiscussing whether the client isprepared for the professional tocontinue acting in the circumstances.

9. An architect knows the construction budget for ahousing development, and suspects that the housingmarket might decline such that his client, thedeveloper, may struggle to cover the costs of thehousing development. Which of the following coursesof action are appropriate?

Your Answer: The architect mentions the concern tohis client, the developer, and askswhether the developer would like toconsider design modifications toreduce construction costs.

10. What remedy might an employer have against anemployee who sets up a competing business?

Your Answer: Any of the above may apply.

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

Your Answer: Approve payment of 50% of theextra if the architect is unsurewhether the design was adequate.

Correct Answer: Seek legal advice.

The architect must not disregard the duty of fairnessto the contractor, but must not make concessions tothe detriment of his insurer. Certainly, legal adviceshould be sought.

12. An environmental engineer is asked by a developer towrite a report to be submitted for environmentalapproval of a development, and is told that paymentwill be made by way of a unit in the development ifthe development gets environmental approval. Whatshould the engineer do?

Your Answer: Accept possible payment by way ofa unit in the development, but warnthe developer that the report will beobjective and impartial even if thatresults in no compensation for theengineer.

Correct Answer: Insist on payment not dependanton environmental approval beinggranted, or decline to provide thereport.

13. Which of the following is generally not part of a phase1 environmental site assessment?

Your Answer: Soil sampling to check forcontamination.

14. Which course of action should a professional not followwhen an owner insists that the professional accept arisk that the professional is not comfortable accepting?

Your Answer:All of the above are acceptable.

Correct Answer:

Correct Answer: Accept the risk if it seems unlikelyto materialize.

15. Who of the following would not be personally liable forthe costs of environmental cleanup?

Your Answer: A director of the company thatowns the contaminated property.

Correct Answer: Shareholders of the company thatpolluted the property.

Shareholders may lose their investment if their sharesbecome worthless because the cleanup costs bankruptthe company, but they do not stand to lose more thantheir investment.

16. Which of the following corporate wrongs would thedirectors of the corporation not likely be personallyliable for?

Your Answer: Corporate breach of constructionlien legislation.

Correct Answer: Corporate failure to pay for officesupplies.

17. Which of the following accurately describes whenperformance specifications will be used?

Your Answer: The contractor has highly specializeddesign expertise.

18. Which of the following is generally not a task of thecontract administrator / owner's consultant?

Your Answer: All of the above are tasks that may becompleted by the owner's consultant.

19. Which of the following statements is false regardinginvitations for tenders for private projects?

Your Answer: The invitation is always required toinclude statutorily defined rules forrejecting bids.

20. Which of the following is true regarding consultantswho advise owners in evaluating and awardingcontracts?

Your Answer: Consultants may be sued fordefamation if they advise owners toreject bids.

21. Under the postal acceptance rule, when is acontractual communication complete?

Your Answer: The sender places the envelope in themailbox.

22. Which of the following will not likely lead to a conflictbetween the insurer and the insured?

Your Answer: A strong claim is made and the valueof the claim is within the coveragelimit.

23. Which of the following would likely not be covered by acontractor's CGL policy?

Your Answer: The cost of repair to a lobby canopythat is damaged by a falling

window after its defective hingefailed.

Correct Answer: The cost of removing windows thatwere likely to leak.

CGL policies typically do not cover the cost ofremedying defective workmanship.

24. Which of the following is false regarding performancebonds?

Your Answer: If the surety refuses toacknowledge that the contractorwas in default, the surety may beliable for damages for delaying thecompletion of the constructioncontract.

Correct Answer: The maximum liability of the suretyis always limited to the value of thebond.

If the surety elects to complete the constructioncontract on behalf of the contractor, it may be liablefor more than the face value of the bond.

25. Which of the following is likely to be excluded from abuilders' risk insurance policy?

Your Answer: All of the above.

26. Which of the following is true for all types of bondsused on construction projects?

Your Answer: They are put in place at the start ofthe construction project.

Correct Answer: The surety can rely on any defenceopen to the principal.

Lien bonds are only implemented after a lien has beenfiled. Labour and material payment bonds are primarilyfor the benefit of the subcontractors. The surety maysimply pay the face value of the bond instead ofaccepting the obligations owed by the defaultingprincipal.

27. Which of the following is false regarding labour lawnegotiations?

Your Answer: The employer can discourage theemployees from supporting a particularunion for negotiation purposes.

28. Which of the following is false regarding the situationduring a lockout or strike?

Your Answer: Employers can hire temporaryreplacement workers.

29. Which workers are generally laid off first when acollective agreement is in place?

Your Answer: The more junior ones.

30. If the contract between the owner and the contractorfails to specify who is responsible for occupationalhealth and safety on the work site, who is responsiblefor safety?

Your Answer: The owner and the contractor sharethe responsibility for the entirecontract.

Correct Answer: The owner.

Most legislation states that unless there is agreementto the contrary the responsibility remains with theowner.

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 amachine to be patentable?

Your Answer: It must not be in general use bythe public.

Correct Answer: It must be an improvement onexisting machines that do the samejob.

Being better than available alternatives is not arequirement for patentability.

33. Which of the following is not a risk associated with aletter of intent?

Your Answer: Both parties may commence workwithout ever creating a formalcontract, which will create problemsif a dispute arises.

Correct Answer: There may be no consideration tomake the letter a valid contract.

Since a letter of intent is not supposed to create acontract, lack of consideration is not a problem.

34. Which of the following is false regarding the law ofagency?

Your Answer: A principal will not be bound by the

Your Answer:acts of an agent unless actualauthority exists.

35. For which of the following project delivery models doesthe 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 modelsdoes the contractor not have significant incentive toreduce costs?

Your Answer: Cost-plus contract.

37. Which of the following is false regarding public-privatepartnerships?

Your Answer: The risks borne by the concessionaireare 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 fiduciaryrelationship?

Your Answer: Owner and contractor.

40.

40. Which of the following is not an advantage ofnegotiation?

Your Answer: It ensures final resolution of thedispute.

41. Which of the following is a reason why a lien claimmay not succeed?

Your Answer: All of the above.

42. Which of the following elements of a delay claim isgenerally the most difficult to prove?

Your Answer: The amount of additional cost causedby the delay.

43. Which of the following points towards an independentcontractor relationship?

Your Answer: The person performing the workgets paid a set amount, regardlessof how long it takes to perform thework.

Correct Answer: The employer requires the personperforming the work to haveinsurance coverage.

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

44. Which of the following statements is false regardingregulation of professions in Canada?

Your Answer:

Your Answer:Professionals may opt to register withindustry associations rather than theapplicable professional regulatorybody.

45. Which of the following statements is false regardingtechnical groups and associations?

Your Answer: Technical associations providetraining to members of theprofession.

Correct Answer: Professionals are required to jointhe provincial technical grouprelated to their primary area ofprofessional practice.

Membership in technical associations is voluntary.

46. What is the significance of the scope of practicespecified for a profession?

Your Answer: Only registered professionals canperform work within the scope ofpractice.

47. Which of the following is typically not a requirementfor registration as a professional engineer orgeoscientist?

Your Answer: Technical competence exam.

48. Which of the following would not be an example ofenforcement by a professional regulatory body?

Your Answer: Holding a hearing to determinewhether a registered professionalengineer acted in breach of the code of

ethics of the profession.

49. What is the best approach when a legislated designcode is ambiguous on a key point of design for aproject?

Your Answer: Select an interpretation that isconsistent with the intent of the code.

50. Which of the following would not be overseen by theboard of a professional regulatory body?

Your Answer: Calculating compensation for victims ofprofessional negligence.

E-mail Your Results

My name is (first last): Xiaoyang Liu

E-mail my results to:

E-mail address: Send as:

Me xiaoyang.liu@gmail.com Attached Text

Instructor Text

TA Text

Other Text

Help E-mail Results

Copyright © 1995 - 2011 Pearson Education . All rights reserved. Legal Notice | Privacy Policy | Permissions