Question

Cinstruction Law and Ethics

the court the right to resolve the dispute? A. B. C. D. Venue Personal jurisdiction Federal question All of the above 49. Which is not a discovery device? A Request for admissions B. Motion for entry upon land C. Production of documents and things D. Live testimony in court 50. Who is usually the best individual with firsthand knowledge of the facts which gave rise to the claim on a job site? Upper management of the company who won the contract Expert witnesses hired to evaluate the claim Superintendents on the project None of the above A. B. C. D. 51. Under the Texas Property Code 53.255 a Disclosure Statement is requires fora residential contract. A. True B. False 52. Under the Property Code Statute, 53.255, list the 4 matters that must be included in writing. 53. As a homeowner, are you liable to subcontractor or supplier who furnishes labor or materials for construction on your property? A. Yes B. No 54. In a disclosure statement required for a residential construction contract, before a residential contract can be executed by the owner, the original contractor shall deliver to the owner a disclosure statement. A. True B. False 55. Under the Texas law, if a subcontractor or supplier who furnishes labor or materials for the construction of improvements on your property is not paid, you may become liable and your property may be subject to a lien for the unpaid amount, even if you have not contracted directly with the subcontractor or supplier. To avoid liability, you should take

Answer 1

49. Which is not a discovery device?

Ans: Motion for entry on land

Explanation: The purpose of Discovery device includes obtain evidence narrowing issues for trial, avoid unfair surprises and encourage pre-trial settlement.

50. Who is usually the best individual with firsthand knowledge of the facts, which gave rise to claim on job site

Ans: Superintendent of the project:

Explanation: He is responsible for scheduling, inspection, quality control, and job site safety. He is responsible for the coordination and delegating work to subcontractors.

51. Under the Texas property code 53.255 a disclosure, the statement is required for a residential contract.

True

Explanation: It informs the owner of their property rights and best practices for handling a construction project. In the disclosure statement, the contractor provides the homeowner with an overview of the risk, rights, and responsibilities in the construction project transaction.

52. Under the property code statute, 53.255 list the four matters which should be included in writing

The four matters which must be included in writing in the property code statute 53.255 are as follows:

1. The description of the work contractor is going to perform
2. The required or estimated time for completion
3. The cost of the work and how the cost will be determined
4. The procedure and method of payment, including the condition to make the last payment.

*"answering first four questions please resubmit balance."