hw#9
TRANSCRIPT
HW#9
1. Laws by legislatures, regulations by unelected government staff, codes by national code-‐related organizations, and standards by trade organizations all establish the regulatory framework for construction projects.
True; the construction manager must understand the impact of this regulatory environment to effectively manage.
2. Corporations are established and regulated by the federal government and permit continuity of
ownership and a reduction in the liability of the company owners. True; corporate law establishes company structures and regulations.
3. Most construction firms are either “C” or “S” corporations. The profits of a “C” corporation are taxed at the corporate level and again at the personal level when dividends are distributed. “S” corporations are taxed only at the personal level. True; the purpose, type, and size of company influence the optimal structure.
4. A joint venture is a temporary combination of companies for a project that pools technical knowledge, knowledge of local customs, people, and businesses, bonding capacity, and capital to gain a competitive advantage. True; this eliminates the largest competitor.
5. Construction converts personal property that is movable to real property that is permanently attached to the land. Sworn statements for payment document this conversion.
True; a contractor uses these statements as an equitable remedy.
6. In the United States, unions started developing in the late 1800s to more effectively bargain with management about compensation and working conditions. True; guaranteed continuous employment, regardless of available work, is sometimes also sought.
7. The Sherman Antitrust, Clayton, Norris-‐La Guardia, Wagner, and Smith-‐Connelly acts all increased the management's bargaining power with the unions. False; the Norris-‐La Guardia Act (1932) enabled the beginning of open, effective, and widespread union organization.
8. The Fair Labor Standards Act of 1938, OSHA, and ERISA sought to improve employees' working hour regulation, safety, and pensions. True; these were all a part of labor regulation development.
9. The closed shop that requires all workers to be union members at the time of hire is illegal, but the union shop, which does not require workers to be union at time of hire but does require them to join the union promptly, is legal. False; the union shop is also illegal.
10. A merit shop promotes differential wage rates and promotion opportunities based on the employees’ merit, and right to work states ban requirements for union membership and union shop agreements. True; these are present labor practices.
11. Construction unions are legally authorized to establish apprenticeship program with a lower wage rates for apprentices. Both union and non-‐union contractors may legally pay these lower wage rates on prevailing wage (Davis-‐Bacon) projects. False; these rates are permitted for union contractors only.
12. If some but not all contractors on a project are engaged in a labor dispute, one gate (that may be picketed) may be established for the contractors in the dispute, and a second gate (that may not be picketed) is established for the parties not in dispute. True; only by knowing the history of labor law can this pointless and ineffective measure be understood.
13. Zoning ordinances that restrict the types of business uses and control noise, fumes, and traffic are fully integrated with building codes. False; these two are separate regulations.
14. International Building Codes cover buildings, mechanical, plumbing, and fire protection, and are developed in a highly structured proposal review and revision process involving code officials, design professionals, installing contractors, and manufacturing vendors. False; installing contractors and manufacturing vendors are specifically prohibited from serving or contributing to this review process.
15. The building code analysis is sequential-‐-‐first determining occupancy types and then determining permitted building size, height, fire resistance, structural capacity, and mechanical electrical system characteristics. True; project code analysis is sequential and no step can be skipped.
16. Additional regulations may be added for specific project type by Departments of Public Health, environmental agencies, and fire marshals. True; these modifications can affect original design and construction and maintenance of the facility.
17. Projects seeking accreditation such as JCAHC or LEED may voluntarily adopt additional standards. True; certification is sought by some project owners.