/100 NASCLA Exam Mode (timed, random order) The same 100 questions from the NASCLA Guide to Business, Law and Project Management, in random order under a time limit. Every question includes a reference locator behind the 'Show Reference' button. Correct answers appear after you submit. Guide to Business, Law and Project Management (NASCLA) - Chapter 08 Scheduling and Project Management 1 / 100 Daily and status reports can help track a project's progress. True False Chapter 8 Scheduling and Project Management - 8 - 9 Tracking the Progress of the Project - Daily Reports; Status Reports Guide to Business, Law and Project Management (NASCLA) - Chapter 02 Choosing Your Business Structure 2 / 100 When you decide to name your business, you will need to verify that the name is NOT being used, to avoid issues down the road. Where can you find that information? Secretary of State's website Google US Patent and Trademark Office All of the above Chapter 2 Choosing Your Business Structure - 2-6 Naming Your Business - Do your homework before you decide on a business anme for your company. A search can be conducted using the following sources: U.S. Patent and Trademark Office, local Secretary of State Office, Internet search engines. Guide to Business, Law and Project Management (NASCLA) - Chapter 03 Managing Risk 3 / 100 If you are working on a federal construction project, what type of bond will the Miller Act require you to have? A performance bond A payment bond Both A and B Neither A nor B Chapter 3 Managing Risk - 3 - 9 Laws Governing Bonding of Federal Construction Projects - Miller Act: The Miller Act is the current law requiring performance and payment bonds on all federal construction projects valued at greater than $100,000. Guide to Business, Law and Project Management (NASCLA) - Chapter 01 The Plan 4 / 100 A business plan functions in what way? As a planning tool To provide loan or investor documentation As a benchmarking tool All of the above Chapter 01 The Plan - 1-2 The Benefits of a Business Plan - Key Functions: A business plan serves three key functions: Planning Tool, Loan or Investor Document, Benchmarking Tool. Guide to Business, Law and Project Management (NASCLA) - Chapter 03 Managing Risk 5 / 100 There are two types of bonds: a statutory bonds and common-law bonds. What type of bond is a surety bond? Statutory Common-law Chapter 3 Managing Risk - 3 - 7 What is a Bond? - Statutory and Common-Law Bonds: The federal government uses surety bonds on construction projects as a way to pre-qualify prospective construction firms. A surety bond is often required by law for public projects. It is referred to as a statutory bond. Guide to Business, Law and Project Management (NASCLA) - Chapter 13 Financial Management 6 / 100 When you establish the accounting method for your business, you are choosing between the cash method or the accrual method. True False Chapter 13 Financial Management - 13 - 9 Methods of Accounting - Cash method; Accrual method Guide to Business, Law and Project Management (NASCLA) - Chapter 02 Choosing Your Business Structure 7 / 100 If you are a member of an LLC, will you pay income tax on income that is distributed to you as ordinary income? Yes No Chapter 2 Choosing Your Business Structure - 2-4 Limited Liability Company (LLC) - Like an S corporation, federal income taxes are paid only on income distributed to members as ordinary income. Guide to Business, Law and Project Management (NASCLA) - Chapter 12 Working with Subcontractors 8 / 100 When sourcing a subcontractor, what do you look for? A solid financial statement Credible referrals Either A or B Neither A nor B Chapter 12 Working with Subcontractors - 12 - 2 Sources for Finding the Right Subcontractor - Once you come up with credible referrals, you want to make sure that you take extra steps to organize the process. Guide to Business, Law and Project Management (NASCLA) - Chapter 10 Employee Management 9 / 100 Helping child support enforcement, preventing fraudulent unemployment and welfare benefit payments are reasons to report what? All of your employees All new hires Chapter 10 Employee Management - 10 - 2 New Hire Reporting - Purpose of New Hire Reporting: The purpose of new hire reporting is to aid in child support enforcement. It is also a good tool in preventing fraudulent unemployment and welfare benefit payments. Guide to Business, Law and Project Management (NASCLA) - Chapter 06 Bidding and Estimating 10 / 100 What do you need to prepare an accurate cost estimate for a project? Building plans All project documents Chapter 6 Bidding and Estimating - 6 - 2 Estimate Planning - Project Documents - A complete set of project documents is required to prepare an accurate cost estimate. Guide to Business, Law and Project Management (NASCLA) - Chapter 02 Choosing Your Business Structure 11 / 100 How do you transfer ownership of a C Corp? Elect to be an S Corp Sell stock Both A and B Neither A nor B Chapter 2 Choosing Your Business Structure - 2-3 C Corporations - Advantages of a C Corporation: Separate legal entity, Limited liability for stockholders, Unlimited life of the business, Availability of capital resources, Transfer of ownership through sale of stock. Guide to Business, Law and Project Management (NASCLA) - Chapter 02 Choosing Your Business Structure 12 / 100 If you are a shareholder in an S Corp, you must agree to S Corp status. True False Chapter 2 Choosing Your Business Structure - 2-4 S Corporations - Requirements for an S Corporation: Domestic corporation with one class of stock, No more than 75 shareholders who are citizens or legal residents of the U.S., All shareholders must consent to S corporation status, Use of a permitted tax year, Filing of IRS Form 2553 Guide to Business, Law and Project Management (NASCLA) - Chapter 13 Financial Management 13 / 100 A financial statement is based on the records of all business transactions, so bookkeeping accuracy is a must. True False Chapter 13 Financial Management - 13 - 1 Bookkeeping - Bookkeeping involves the accurate recording of all financial transactions that occur in the business. Financial statements are derived from this information. Guide to Business, Law and Project Management (NASCLA) - Chapter 03 Managing Risk 14 / 100 To avoid coverage gaps and overlaps, how many insurers should you have? Only one More than one Chapter 3 Managing Risk - 3 - 6 Coverage Gaps and Overlaps - To minimize these conflicts, you may want one insurer for all policies. Guide to Business, Law and Project Management (NASCLA) - Chapter 13 Financial Management 15 / 100 Which of the following allows you to have a positive cash flow? Collecting accounts receivable Billing for account payable Both A and B Neither A nor B Chapter 13 Financial Management - 13 - 11 Cash Management - Cash Flow - Two important aspects of maintaining a positive cash flow are collecting accounts receivable (money that is owed to your business ) and billing and collecting for current projects. Guide to Business, Law and Project Management (NASCLA) - Chapter 03 Managing Risk 16 / 100 Indemnity is a way to do what? Transfer risk Gain exemption from losses incurred Both A and B Neither A nor B Chapter 3 Managing Risk - 3 -2 Insurance - Insurance Defined: Insurance is a protective measure in which coverage is obtained for a specific risk (or set of risks) through a contract. In this contract or policy, one party indemnifies another against specified loss in return for premiums paid. Indemnity is a way to transfer risk and exemption from loss incurred by any course of actions. Sometimes an insurance payout is called an indemnity. Guide to Business, Law and Project Management (NASCLA) - Chapter 03 Managing Risk 17 / 100 If you have Burglary and Theft Insurance and one of your employee's vandalizes a job site, are you likely to be covered? Yes No Chapter 3 Managing Risk - 3 - 6 Burglary and Theft Insurance - Burglary and theft insurance covers loss or damage by burglary, theft, larceny, robbery, forgery, fraud, and vandalism. However, this type of insurance generally does not cover employee acts. Guide to Business, Law and Project Management (NASCLA) - Chapter 03 Managing Risk 18 / 100 Is Social Security considered to be an insurance? Yes No Chapter 3 Managing Risk - 3 - 6 Employment-Related Insurance - Workers' Compensation Insurance, Unemployment Insurance, Social Security Insurance Guide to Business, Law and Project Management (NASCLA) - Chapter 03 Managing Risk 19 / 100 Should you require indemnification from a subcontractor? Yes No Chapter 3 Managing Risk - 3 - 7 Insurance Coverage for Subcontractors - Indemnification absolves your company or holds your company free from liability from any losses or damages incurred by the subcontractor. Guide to Business, Law and Project Management (NASCLA) - Chapter 03 Managing Risk 20 / 100 Is bond enforcement one of the four basic requirements generally contained in the bond? Yes No Chapter 3 Managing Risk - 3 - 8 Bond Language - Bonds generally contain four basic requirements: total dollar amount required for the bond, length of the bond, requirements for notice of defect or lack of maintenance, bond enforcement. Guide to Business, Law and Project Management (NASCLA) - Chapter 02 Choosing Your Business Structure 21 / 100 If your construction company and another construction company agree to take on a special project, will that be considered a joint venture? Yes No Chapter 2 Choosing Your Business Structure - 2-6 Joint Ventures - Complement Your Strengths: A joint venture is a special business arrangement that exists when two or more companies join to undertake a specific project. The management brings together companies with complementary resources and strengths. When forming this type of venture, it is important to consult an attorney to ensure that all aspects of risk are covered. Individual state contractor licensing agencies may have specific laws regarding joint ventures. Obtain proper licensing prior to beginning applicable contracting work. Guide to Business, Law and Project Management (NASCLA) - Chapter 08 Scheduling and Project Management 22 / 100 Is it up to the project manager to control costs? Yes No Chapter 8 Scheduling and Project Management - 8 - 9 Budget and Cost Controls - Project management involves working with budget constraints. A good project manager will control costs and make sure that the project comes in on budget. Guide to Business, Law and Project Management (NASCLA) - Chapter 01 The Plan 23 / 100 Entrepreneurs initiate and develop new businesses to create what? Long-term value Steady cash flow streams Both A and B Neither A nor B Chapter 01 The Plan - 1-1 Being an Entrepreneur - Understanding Entrepreneurship: As a business owner, you may be referred to as an entrepreneur. There are many definitions of "entrepreneur." For our purposes, an entrepreneur is a person engaged in strategic activities that involve the initiation and development of a new business, created to build long-term value and steady cash flow streams. Guide to Business, Law and Project Management (NASCLA) - Chapter 13 Financial Management 24 / 100 If you take your hourly wage and multiply it by the number of hours worked, is that considered to be your net pay or your gross pay? Gross Net Chapter 13 Financial Management - 13 - 15 Payroll Accounting - Calculate Gross Pay - Gross pay is determined either by a salary that you set for the employee or based on an hourly wage multiplied by the number of hours worked. Guide to Business, Law and Project Management (NASCLA) - Chapter 10 Employee Management 25 / 100 Part of employee management is providing benefits such as worker's compensation and unemployment. True False Chapter 10 Employee Management - 10 - 12 Providing Benefits - Worker's Compensation Laws; Unemployment Compensation Guide to Business, Law and Project Management (NASCLA) - xAppendix A: Glossary 26 / 100 If you are working on a federal construction project, what is required by the Miller Act? Performance and payment bonds for a minimum of $10,000 Performance and payment bonds for a minimum of $100,000 Performance and payment bonds for a minimum of $1,000,000 None of the above Appendix A: Glossary - M - Miller Act: The Miller Act requires performance and payment bonds on all federal construction projects valued at greater than $100,000. Guide to Business, Law and Project Management (NASCLA) - Chapter 07 Contract Management 27 / 100 If you submit a contract with a total and global price instead of enumerating individual items, have you submitted a lump-sum contract? Yes No Chapter 7 Contract Management - 7 - 6 Types of Construction Contracts - Lump-sum Contract; Unit-price Contract; Cost-plus Contract Guide to Business, Law and Project Management (NASCLA) - Chapter 11 Jobsite Safety and Environmental Factors 28 / 100 OSHA recordkeeping requires employers with at least 10 employees to maintain three types of OSHA-specified records of job-related injuries and illnesses. True False Chapter 11 Jobsite Safety and Environmental Factors - 11 - 4 OSHA Recordkeeping - For the Record: Every employer covered by OSHA who has more than 10 employees, except for employers in certain low-hazard industries in the retail, finance, insurance, realestate, and service sectors, must Guide to Business, Law and Project Management (NASCLA) - Chapter 03 Managing Risk 29 / 100 Bonds are based on a percentage of the contract amount. What determines that percentage? Market conditions Prevailing industry practices Both A and B Neither A nor B Chapter 3 Managing Risk - 3 - 9 Qualifying for a Bond - Bonds are priced on the basis of a percentage of the contract amount. Market conditions and prevailing industry practices set the percentage. Bond premiums vary among surety companies, but typically range from a half percent to two percent of the contract amount. Guide to Business, Law and Project Management (NASCLA) - Chapter 03 Managing Risk 30 / 100 Which of the following bond processes is outlined in the bond language for common-law bonds? The bond claim process The bond filing process Both A and B Neither A nor B Chapter 3 Managing Risk - 3 - 9 Bond Claims - Filing Process: Construction law and contractual relationships govern the bond claims process. The filing process is outlined in the bond language for common-law bonds. Guide to Business, Law and Project Management (NASCLA) - Chapter 14 Tax Basics 31 / 100 W-4 Forms exemption forms do NOT expire. True False Chapter 14 Tax Basics - 14 - 7 Tax Calendar - Listed below are key employment tax deadlines as outlined in the IRS Publication Circular E: On February 16 Exempt W-4 Forms Expire Guide to Business, Law and Project Management (NASCLA) - xAppendix A: Glossary 32 / 100 If you have an employee whose check is being garnished for a single issue, is it within your right to fire that employee, according to the Wage Garnishment Law? Yes No Appendix A: Glossary - W - Wage Garnishment Law: A federal law that limits the amount an individual's income may be legally garnished and prohibits firing an employee whose pay is garnished for payment of a single debt. Guide to Business, Law and Project Management (NASCLA) - Chapter 07 Contract Management 33 / 100 The obligations of the contract are another way of saying the conditions of contract. True False Chapter 7 Contract Management - 7 - 4 Obligations of the Parties - Contract Conditions: The obligations of the parties should be specifically outlined in the contract and include both the contractor's obligations and the owner's obligations. The obligations of the parties are the contract conditions. Guide to Business, Law and Project Management (NASCLA) - Chapter 13 Financial Management 34 / 100 When purchasing materials for your business, you account for the actual cost of those materials. Is there an added cost that you must also consider, such as shipping and delivery expenses? Yes No Chapter 13 Financial Management - 13 - 14 Accounting Process for Materials - Shipping and Delivery Expenses: In addition to the actual material costs, shipping and delivery expenses are factored into the final cost. Guide to Business, Law and Project Management (NASCLA) - Chapter 07 Contract Management 35 / 100 Should risk management be part of a contract? Yes No Chapter 7 Contract Management - 7 - 5 Provisions to Limit Risk - Allocating Risk: As mentioned at the beginning of the chapter, one of the purposes of a contract is to limit the liabilities of the parties involved. Your contract should address the allocations of risk among parties. Guide to Business, Law and Project Management (NASCLA) - Chapter 14 Tax Basics 36 / 100 If you are paying a self-employment tax is that essentially the same as having social security taken out when you are an employee? Yes No Chapter 14 Tax Basics - 14 - 3 Self-Employment Tax - Self-employment tax (SE tax) is a social security and Medicare tax primarily for individuals who work for themselves. Your payments of SE tax contributes to your coverage under the social security system. Guide to Business, Law and Project Management (NASCLA) - Chapter 03 Managing Risk 37 / 100 Is All-Risk Builder's Risk Insurance for property or for liability? Property Liability Either A or B Neither A nor B Chapter 3 Managing Risk - 3 - 3 All-Risk Builders' Risk Insurance - All-risk builders' risk insurance is a form of property insurance that covers property owners and builders for buildings under construction. This type of insurance typicallly covers machinery, equipment, materials, supplies, and fixtures that are part of the structure or will become part of the structure. Guide to Business, Law and Project Management (NASCLA) - Chapter 14 Tax Basics 38 / 100 If you are a sole proprietorship and have no employees, will you need an EIN for the business? Yes No Chapter 14 Tax Basics - 14 - 1 Employer Identification Number - The only entities that do not need an EIN are: Sole proprietorships that have no employees and file no excise or pension tax returns; LLC's with a single owner (where the owner will file employment tax returns). Guide to Business, Law and Project Management (NASCLA) - Chapter 07 Contract Management 39 / 100 There can be numerous important provisions to a contract. The contract price and payment terms would be an important provision. True False Chapter 7 Contract Management - 7 - 2 Contract Provisions - Key Contract Provisions: Contracts are full of provisions, but a few key ones you will want to include: Contract Price and Payment Terms; Obligation of the Parties; Supplemental Conditions; Breach of Contract Guide to Business, Law and Project Management (NASCLA) - Chapter 07 Contract Management 40 / 100 Most contractors use the design/build method of delivery construction projects. True False Chapter 7 Contract Management - 7 - 7 Contracting Methods - Single Prime; Design/Build; Turnkey Guide to Business, Law and Project Management (NASCLA) - Chapter 12 Working with Subcontractors 41 / 100 A contractor should have a site rules. Should you review those rules when orienting a new subcontractor? Yes No Chapter 12 Working with Subcontractors - 12 - 2 Site Rules for Contractors - As part of an orientation with your subcontractors, you may want to review your site rules. Guide to Business, Law and Project Management (NASCLA) - Chapter 08 Scheduling and Project Management 42 / 100 What will determine the duration of a task? The number of labor hours needed The task Chapter 8 Scheduling and Project Management - 8 - 1 Scheduling Process - Activity Duration: When creating your estimate, you determined the number of labor hours it takes to complete each task on the project. Using this estimate, you need to determine the duration of the task. Guide to Business, Law and Project Management (NASCLA) - Chapter 02 Choosing Your Business Structure 43 / 100 If you are a partner in a general partnership and the other partner dies, will the general partnership be dissolved? Yes No Chapter 2 Choosing Your Business Structure - 2-2 Partnerships - Disadvantages of a General Partnership: Unlimited personal liability of general partners, Multiple decision makers, Limited life of the business, Changes of partners or partnership agreement may be difficult, Partnership dissolves in the event of the death of a general partner. Guide to Business, Law and Project Management (NASCLA) - Chapter 14 Tax Basics 44 / 100 When you withhold taxes as an employer, you must make timely deposits to avoid penalties. True False Chapter 14 Tax Basics - 14 - 5 Penalties - Accurate and prompt deposits are required to avoid penalties which can range from 2 percent to 100 percent of your tax liability. Guide to Business, Law and Project Management (NASCLA) - Chapter 03 Managing Risk 45 / 100 A bid bond is the guarantee that if you are awarded the job, you will enter into a contract with owner. True False Chapter 3 Managing Risk - 3 - 8 Types of Bonds - A bid bond guarantees that the contractor, if awarded the job, will do work at the submitted bid price, enter into a contract with the owner, and furnish the required performance and payment bonds. Guide to Business, Law and Project Management (NASCLA) - Chapter 04 Your Business Toolbox 46 / 100 Establishing a code of conduct will evidence what? Your commitment to good ethics Your professionalism Both A and B Neither A nor B Chapter 4 Your Business Toolbox - 4 - 2 Business Ethics - Establishing a code of conduct is the first step to ensuring that good ethics are practiced throughout your company. A code of conduct is a documented way that an organiation should operate. You may want to provide your customers with your code of conduct. It will reinforce your commitment to good ethics and demonstrate professionalism. Guide to Business, Law and Project Management (NASCLA) - Chapter 07 Contract Management 47 / 100 You can usually make changes to contracts. If you have an addenda, have you made the change before or after the contract is awarded? After Before Chapter 7 Contract Management - 7 - 8 Making Changes to the Contract - Changes prior to the contract award are called addenda. Guide to Business, Law and Project Management (NASCLA) - Chapter 08 Scheduling and Project Management 48 / 100 Do projects have a life cycle? Yes No Chapter 8 Scheduling and Project Management - 8 - 8 Project Life Cycle - Using the customer relations category as an example, the following illustrates various management aspects in the project life cycle. Guide to Business, Law and Project Management (NASCLA) - Chapter 10 Employee Management 49 / 100 Which of the following are considered to be important employment laws? Equal Employment Opportunity Laws Civil Rights Laws Both A and B Neither A nor B Chapter 10 Employee Management - 10 - 4 Key Employment Laws - There are several key laws governing equal employment opportunities and prohibiting discrimination in employment. Guide to Business, Law and Project Management (NASCLA) - Chapter 11 Jobsite Safety and Environmental Factors 50 / 100 It is important as an employer dedicated to improving safety in the workplace to hire employees with a good safety track record. How do you do that? Thoroughly screen applicants Check all employment references Both A and B Neither A nor B Chapter 11 Jobsite Safety and Environmental Factors - 11 - 2 Safe Hiring and Training - Hire Safe: The first step to improving safety in the workplace is to hire employees who have a good safety track record. It is important to do thorough applicant screening and check all employment references. Guide to Business, Law and Project Management (NASCLA) - Chapter 03 Managing Risk 51 / 100 Proper risk management can help you with which of the following? Avoid financial loss Improve profit margins Avoid unnecessary liability All of the above Chapter 3 Managing Risk - 3 -1 Risk Management Benefits - Unmanaged risk can harm your business, resulting in financial loss, lower profit margins, and unnecessary liabilities. Risk management involves assessing all areas of your business from operations to administrative functions. Guide to Business, Law and Project Management (NASCLA) - Chapter 13 Financial Management 52 / 100 If you have a contract that will be completed in the same year you signed it, will it be considered a long-term contract? Yes No Chapter 13 Financial Management - 13 - 9 Contract Accounting - A long-term contract is defined as any contract that is not completed in the same year it was started. Guide to Business, Law and Project Management (NASCLA) - Chapter 08 Scheduling and Project Management 53 / 100 Can incoming progress payments and outgoing expenditures determine your schedule? Yes No Chapter 8 Scheduling and Project Management - 8 - 6 Scheduling and Cash Management - Balancing incoming progress payments and outgoing expenditures is important to manage the project effectively and should be a consideraton when preparing your schedule. Guide to Business, Law and Project Management (NASCLA) - Chapter 03 Managing Risk 54 / 100 Does automobile insurance cover property and liability for a company vehicle or a fleet of company vehicles? Yes No Chapter 3 Managing Risk - 3 - 5 Automobile Insurance - If you have a company vehicle or a fleet of vehicles, auto insurance provides coverage for liability and physical damage associated with vehicles owned by your company. All states require vehicle owners to carry some level of liability insurance covering bodily injury and property damage incurred in a vehicle accident. Physical damage coverage pays for the damage to the insured vehicle. Different types of automobile insurnace are available. Various options include coverage for only vehicles owned; vehicles owned, leased or hired; and for all automobiles, including those not owned, leased, or hired. Guide to Business, Law and Project Management (NASCLA) - Chapter 14 Tax Basics 55 / 100 What type of return will a partnership have to file? An income tax return An information return Either A or B Neither A nor B Chapter 14 Tax Basics - 14 - 3 Income Tax - All businesses except partnerships must file an annual income tax return. Partnerships file an information return. Guide to Business, Law and Project Management (NASCLA) - Chapter 02 Choosing Your Business Structure 56 / 100 If you are a sole proprietorship, should your net income be reported as ordinary income or corporate income? Ordinary income Corporate income Either A or B Neither A nor B Chapter 2 Choosing Your Business Structure - 2-1 Sole Proprietorships - Key Characteristics of Sole Proprietorships: Taxes: Your net income from the business is reported as ordinary income. Sole proprietors do not pay corporate income taxes. Guide to Business, Law and Project Management (NASCLA) - Chapter 07 Contract Management 57 / 100 If you have things in writing, you can avoid disputes. Is this also true for change orders? Yes No Chapter 7 Contract Management - 7 - 8 Resolving Claims - As discussed in the previous section, the purpose of written change orders is to avoid disputes. Guide to Business, Law and Project Management (NASCLA) - xAppendix A: Glossary 58 / 100 How is legal acceptance of an agreement evidenced? By making a counteroffer By signing the agreement Both A and B Neither A nor B Appendix A: Glossary - A - Acceptance (Legal): An agreement to an offer made and generally is done by signing the offer. In some cases, a counteroffer is made. A counteroffer is not considered acceptance. Guide to Business, Law and Project Management (NASCLA) - Chapter 14 Tax Basics 59 / 100 Generally, employers withhold, deposit, report and pay which of the following taxes? Social security Medicare Federal income tax All of the above Chapter 14 Tax Basics - 14 - 3 Federal Employment Taxes - Most employers must withhold (except FUTA), deposit, report and pay the following taxes: social security and Medicare taxes (FICA), federal income tax withholding; federal unemployment (FUTA) tax Guide to Business, Law and Project Management (NASCLA) - Chapter 07 Contract Management 60 / 100 In order to have a breach of contract, is it necessary for both parties to fail to perform? Yes No Chapter 7 Contract Management - 7 - 4 Breach of Contract - A breach of contract occurs when one of the parties involved fails to perform in accordance with any of the terms and conditions of the contract. Guide to Business, Law and Project Management (NASCLA) - Chapter 14 Tax Basics 61 / 100 When you file a 1099-MISC, are you filing due to an employment relationship or an independent contractor relationship? Employment relationship Independent contractor relationship Both A and B Neither A nor B Chapter 14 Tax Basics - 14 - 6 Information Returns - 1099-MISC - You may be required to file information returns to report certain types of payments made during the year to persons not treated as employees. Form 1099-MISC, Miscellaneous Income may be used to report payments of $600 or more to independent contractors. Guide to Business, Law and Project Management (NASCLA) - Chapter 12 Working with Subcontractors 62 / 100 The IRS has specific guidelines to help differentiate between employees and independent contractors. Which of the following meets those guidelines? An independent contractor has their own methods for getting the job done An independent contractor is capable of managing more than one contract at a time An independent contractor will come in and complete a specific project in a specific period of time All of the above Chapter 12 Working with Subcontractors - 12 - 3 Employee or Independent Contractor: IRS Guidelines: Independent contractors ordinarily use their own methods for performing a given job; an independent contractor is free to manage multiple contracts; the relationship with an independent contractor should be for a specific period of time, rather than indefinitely. Guide to Business, Law and Project Management (NASCLA) - Chapter 07 Contract Management 63 / 100 If you are going to make a substitution, it will need to be ______ what was originally specified. Equal to Better than Either A or B Neither A nor B Chapter 7 Contract Management - 7 - 9 Making Substitutions - Substitution Specifications: If there is a basis for the substitution, the next requirement is that the item or product must be equal to that which was specified. Guide to Business, Law and Project Management (NASCLA) - Chapter 10 Employee Management 64 / 100 In an employee manual, you should find all of a company's written disciplinary policies, including a list of what? Management staff COO's Offenses that are cause for dismissal All of the above Chapter 10 Employee Management - 10 - 14 Disciplining Employees - Progressive Discipline: The employee manual is a good place to have written disciplinary policies and a comprehensive list of offenses that lead to immediate dismissal. Guide to Business, Law and Project Management (NASCLA) - Chapter 03 Managing Risk 65 / 100 Is Key Man Life Insurance a life insurance policy or a disability insurance? Life insurance Disability insurance Both A and B Neither A nor B Chapter 3 Managing Risk - 3 - 6 Key Man Life Insurance - This type of coverage is beneficial if your company depends on specific individuals for continuting success of your business. For example, if your legal structure is a partnership, the success or ongoing existence of the company would not continue if one of the partners died or became incapacitated. Key man insurance is available as life insurance, disability insurance, or both. Guide to Business, Law and Project Management (NASCLA) - Chapter 07 Contract Management 66 / 100 If you have a boilerplate contract, it is said you have a standard contract. True False Chapter 7 Contract Management - 7 - 5 Boilerplate Provisions - Standard Language: The term "boilerplate" refers to standard language or clauses used in a legal contract. Guide to Business, Law and Project Management (NASCLA) - Chapter 06 Bidding and Estimating 67 / 100 As an employer, which of the following adds to your labor cost? Employment taxes Insurance Both A and B Neither A nor B Chapter 6 Bidding and Estimating - 6 - 4 Determining Estimated Costs - Add Labor Burden - As an employer, you incur costs such as employment taxes and insurance. These obligations add approximately 30 percent to your labor cost. Guide to Business, Law and Project Management (NASCLA) - Chapter 07 Contract Management 68 / 100 In relation to a contract, terms and recitals are two different things. True False Chapter 7 Contract Management - 7 - 6 What are Recitals? Background Information: Recitals are language at the beginning of the contract that provide background to the contract, such as the parties entering into the contract, the contract contents, and reasons for the parties' entering into the contract. Recitals cannot always be enforced by law, so it is important to provide specific terms throughout the contract. Guide to Business, Law and Project Management (NASCLA) - Chapter 08 Scheduling and Project Management 69 / 100 How many scheduling methods are there? 1 2 3 4 Chapter 8 Scheduling and Project Management - 8 - 2 Scheduling Methods - Calendar Scheduling; Bar Chart Scheduling; Critical Path Method Guide to Business, Law and Project Management (NASCLA) - xAppendix A: Glossary 70 / 100 According to the Employee Polygraph Protection Act, for which of the following reasons can an employer use a polygraph? For pre-employment screening For testing current employees Both A and B Neither A nor B Appendix A: Glossary - E - Employee Polygraph Protection Act: A federal law that prohibits most private employers from using any type of lie detector test, either for pre-employment screening of job applicants or for testing current employees during the course of employment. Guide to Business, Law and Project Management (NASCLA) - Chapter 13 Financial Management 71 / 100 In accounting, there are two methods of depreciation: straight line and accelerated. Which is more commonly used? Straight line Accelerated Chapter 13 Financial Management - 13 - 13 Equipment Records and Accounting - Depreciation Methods - Straight line depreciation; Accelerated depreciation. Guide to Business, Law and Project Management (NASCLA) - Chapter 11 Jobsite Safety and Environmental Factors 72 / 100 The Construction Safety Act sets standards for construction contracts for what kind of construction projects? Commercial Private Federal All of the above Chapter 11 Jobsite Safety and Environmental Factors - 11 - 2 Safety Standards - OSHA Construction Safety Act: The Contract Work Hours and Safety Standards Act, commonly known as the Construction Safety Act, sets safety standards for construction contracts on federal project. Guide to Business, Law and Project Management (NASCLA) - Chapter 03 Managing Risk 73 / 100 Unlike other insurance, as the insured, you are NOT the one who will collect. Who will collect? The party who suffered a loss The attorney or lawyer The insurance agency None of the above Chapter 3 Managing Risk - 3 - 4 Liability Insurance - Liability insurance is designed to protect against third-party claims that arise from alleged negligence resulting in bodily injury or property damage. Payment Is not typically made to the insured but rather to someone suffering loss who is not a party to the insurance contract. Guide to Business, Law and Project Management (NASCLA) - Chapter 03 Managing Risk 74 / 100 In most instances, property and liability can be bundled under the same policy. Is that a BOP? Yes No Chapter 3 Managing Risk - 3 - 5 Business Owner's Policies (BOPs) - Business owner's policies (BOP's) bundle property and liability coverage together. Guide to Business, Law and Project Management (NASCLA) - Chapter 06 Bidding and Estimating 75 / 100 A bid package can contain an invitation to bid and bid instructions. Will the package also be likely to include necessary bid forms and supplements? Yes No Chapter 6 Bidding and Estimating - 6 - 1 Bid Documents - In a competitive bid situation, a bid package is often put together that includes: an invitation to bid, bid instructions, bid forms, supplements. Guide to Business, Law and Project Management (NASCLA) - Chapter 07 Contract Management 76 / 100 To be legal consideration, how many of the parties must give up something of value? Only one Both parties Chapter 7 Contract Management - 7 - 2 Consideration - An Exchange: Both parties must give up something of value to have consideration. Most likely this will be money, but it could be anything of value. Payment terms should be clearly outlines in the contract. Typically, the contractor provides services and in exchange, the owner provides monetary compensation. Guide to Business, Law and Project Management (NASCLA) - Chapter 14 Tax Basics 77 / 100 There are three types of business taxes: income tax, self-employment tax and employment taxes. What will determine the taxes your pay? Your choice The form of business you operate Chapter 14 Tax Basics - 14 - 1 Federal Business Taxes - The form of business you operate determines what taxes you must pay and how you pay them. The following are three general types of business taxes that you may be responsible for: income tax; self-employment tax; employment taxes Guide to Business, Law and Project Management (NASCLA) - Chapter 07 Contract Management 78 / 100 Is it important for you to maintain a copy of the contracts you sign? Yes No Chapter 7 Contract Management - 7 - 8 Sources of Contracts - Always make sure you keep a signed copy of every contract you sign, in case you need to refer to it in the future. Guide to Business, Law and Project Management (NASCLA) - Chapter 09 Customer Relations 79 / 100 Whether its contractor negotiations, weekly meetings, or a final walkthrough, communication always makes for good customer relations. True False Chapter 9 Customer Relations - 9 - 1 Communication with Customers - Communication Opportunities: contract negotiations; contract acceptance; weekly meetings; punch list and final walkthrough; post-job follow-up Guide to Business, Law and Project Management (NASCLA) - Chapter 03 Managing Risk 80 / 100 For property insurance, risks are determined by the physical location of your business and the area in which you do business. True False Chapter 3 Managing Risk - 3 - 3 Property Insurance - In considering property insurance, evaluate your physical location and the region in which you do business to determine which risks are likely to occur, such as hurricanes or floods. Guide to Business, Law and Project Management (NASCLA) - Chapter 07 Contract Management 81 / 100 When establishing intent in a contract, you should use plain language. True False Chapter 7 Contract Management - 7 - 11 Legal Interpretation - The use of plain language is important when establishing intent in a contract. Guide to Business, Law and Project Management (NASCLA) - Chapter 07 Contract Management 82 / 100 Once a project is complete, the engineer can certify that the work meets the conditions of the contract. Who else can certify this? The building inspector The contractor The architect All of the above Chapter 7 Contract Management - 7 - 3 Contract Price and Payment Terms - Retainage: The architect or engineer certifies when the project is complete and the work meets the conditions of the contract documents. Guide to Business, Law and Project Management (NASCLA) - xAppendix A: Glossary 83 / 100 If your company provides goods to the federal government, you are obligated to pay your employees minimum wage and overtime pay. True False Appendix A: Glossary - W - Walsh-Healey Public Contracts Act: A federal law that requires payment of minimum wage rates and overtime pay on contracts that provide goods to the federal government. Guide to Business, Law and Project Management (NASCLA) - xAppendix A: Glossary 84 / 100 FICA stands for the Federal Insurance Contributions Act and covers both Social Security and Medicare. True False Appendix A: Glossary - S - Social Security Tax: Social Security and Medicare taxes pay for benefits that workers and families receive under the Federal Insurance Contributions Act (FICA). Social Security tax pays for benefits under the old-age, survivors, and disability insurance part of FICA. Guide to Business, Law and Project Management (NASCLA) - Chapter 07 Contract Management 85 / 100 If you choose alternative dispute resolution, will you have to go through the judicial process for a resolution? Yes No Chapter 7 Contract Management - 7 - 9 Alternative Dispute Resolution - Alternative dispute resolution (ADR) involves settling legal disputes by avoiding the often costly and time intensive process of a government judicial trial. The most common forms of ADR are: negotiation, mediation, collaborative law, and arbitration. Guide to Business, Law and Project Management (NASCLA) - Chapter 10 Employee Management 86 / 100 What purpose does a job description serve? Serves as an employee guideline Serves to clarify your expectations Both A and B Neither A nor B Chapter 10 Employee Management - 10 - 11 The Value of Job Descriptions - Job descriptions give employees a guideline for the responsibilities of their job. Job descriptions benefit employees because they understand your expectation for their performance. Guide to Business, Law and Project Management (NASCLA) - Chapter 07 Contract Management 87 / 100 To make a contract legally binding, you need to have an offer and acceptance, and consideration. Does a legally binding contract also require competent parties? Yes No Chapter 7 Contract Management - 7 - 1 Required Contract Elements - Make it Binding; You may have reached an agreement to do work for a customer, but that does not mean that you have a contract. There are four key elements that must be in effect to make a contract bindingto . Offer and Acceptance; Consideration; Competent Parties; Legal Purpose. Guide to Business, Law and Project Management (NASCLA) - Chapter 01 The Plan 88 / 100 When you are creating a business plan, you should keep the language simple and provide an accurate and honest picture of your business. What other element is important? Cover risks and opportunities Thoroughly analyze the competition Both A and B Neither A nor B Chapter 01 The Plan - 1-3 Business Plan Pitfalls - As you start creating your business plan, there are guidelines you should follow to make sure you are giving investors an accurate and honest picture of your business: Make sure your assumptions are realistic, Keep the language simple. Don't use technical terminology or jargon, Cover the risks as well as the opportunities, Analyze your competition thoroughly. Guide to Business, Law and Project Management (NASCLA) - Chapter 01 The Plan 89 / 100 When you create a business plan, you will include a cover page, executive summary and company summary and a list of products and services. What else should you include? A market analysis A marketing strategy A financial Plan All of the above Chapter 01 The Plan - 1-2 Elements of a Business Plan - The following are the typical elements found in a business plan: Cover Page, Executive Summary, Company Summary, Products and Services, Market Analysis, Marketing Strategy, Financial Plan. Guide to Business, Law and Project Management (NASCLA) - Chapter 07 Contract Management 90 / 100 If a subcontractor is working on a project, has he contracted with the general contractor or another subcontractor? The general contractor Another subcontractor Either A or B Neither A nor B Chapter 7 Contract Management - 7 - 11 Subcontracting - Subcontractors contract with the general contractor or other subcontractors to complete a portion of a larger project. Guide to Business, Law and Project Management (NASCLA) - Chapter 04 Your Business Toolbox 91 / 100 Who benefits from your ability to delegate? You Your employees Your business All of the above Chapter 4 Your Business Toolbox - 4 - 2 Delegation - Preparing to Delegate: Learning to delegate is often difficult because you are giving up control of certain tasks. You may feel that a task won't be done correctly or that it takes longer to explain a task than just doing it yourself. Delegation is a way of developing your employees and building a solid team. Giving your employees increased responsibility builds their self-confidence, provides motivation, and makes them more productive and loyal. Delegation gives you the chance to concentrate strategically on running your business. Guide to Business, Law and Project Management (NASCLA) - Chapter 09 Customer Relations 92 / 100 Always get change orders in writing. Yes No Chapter 9 Customer Relations - 9 - 2 Handling Customer Change Orders - You should always apply a few general rules when change orders arise: always obtain a signed change order for significant amounts of change work; small changes done with verbal approval should be followed up with a written and signed change order; Invoice for change order work promptly; include any complementary work done without charge on the invoice; show labor and quantity details when pricing change orders as you would when creating your initial estimate. Guide to Business, Law and Project Management (NASCLA) - Chapter 10 Employee Management 93 / 100 If you have a contractual relationship with an employee, is it different than having an at-will relationship? Yes No Chapter 10 Employee Management - 10 - 14 Terminating Employees - Employment relationships are either contractual or at-will; the definition of the relationship influences the procedures for termination. Guide to Business, Law and Project Management (NASCLA) - xAppendix A: Glossary 94 / 100 If you are working a construction site on federal property, you should be making prevailing wages according to the Davis-Bacon Act. True False Appendix A: Glossary - D - Davis-Bacon Act: The federal law that requires payment of prevailing wage rates and fringe benefits on federally-financed or assisted construction. Guide to Business, Law and Project Management (NASCLA) - Chapter 04 Your Business Toolbox 95 / 100 The number one rule for time management is do NOT procrastinate. What should you do to organize yourself and manage your time? Prioritize tasks on a daily basis Delegate, delegate, delegate Use checklists and calendars All of the above Chapter 4 Your Business Toolbox - 4 - 1 Time Management - Four Time Management Tips: These habits will help you organize and manage your time. Prioritize tasks daily; Delegate effectively when possible; Use checklists and calendars (find a time management system that works for you); Do not procrastinate. Guide to Business, Law and Project Management (NASCLA) - Chapter 10 Employee Management 96 / 100 Whose responsibility will it be to compile and maintain I-9's, W-4's, state tax forms and other employment documentation? The employer The employee Chapter 10 Employee Management - 10 - 3 Employee Documentation - These items should be included in your employee files: Form I-9, IRS Form W-4; State Tax Form; Employment Application; Policy Signoffs; Emergency Notification Form Guide to Business, Law and Project Management (NASCLA) - Chapter 10 Employee Management 97 / 100 If you ask a potential employee about personal subjects such as religious affiliation or sexual orientation, could you be putting yourself a risk, legally? Yes No Chapter 10 Employee Management - 10 - 1 Interviewing and Hiring Employees - Some questions could lead to legal action and are strictly off-limits, especially the following: How old are you?; Do you have any disabilities?; Are you pregnant?; Are you married?; Do you have children?; What is your religious affiliation?; What is your sexual orientation?; What ethnic background are you? Guide to Business, Law and Project Management (NASCLA) - Chapter 07 Contract Management 98 / 100 Can an oral agreement be as legally binding as a written agreement? Yes No Chapter 7 Contract Management - 7 - 11 Are Oral Agreements Legally Binding? - Under most circumstances, oral agreements are just as binding as written agreements with a few exceptions. Guide to Business, Law and Project Management (NASCLA) - Chapter 07 Contract Management 99 / 100 Where are you likely to find bid documents, contract provisions, technical specifications and addenda? In the bid package In the project manual Either A or B Neither A nor B Chapter 7 Contract Management - 7 - 10 Contract Documents and Project Manual - The project manual is a central location for bid documents, contract provisions, technical specifications, and addenda. Guide to Business, Law and Project Management (NASCLA) - Chapter 10 Employee Management 100 / 100 If you employee a worker who is 17 years of age, will you be required to restrict working hours or number of hours worked, according to Federal law? Yes No Chapter 10 Employee Management - 10 - 2 Hiring Minors for Construction Work - Working Hours: Federal restrictions on working hours or number of hours do not exist for minors 16 or 17 years of age. Your score is 0% Restart quiz