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Faculty Course
FACC 220
Louis Martin Richer

McGill UniversityFinal ExaminationFaculty of EngineeringFall 2010Law for ArchitectsEngineersCourse no FACC 220Student NameMcGill ID NumberDateWednesday December 15 2010Time900 am to 1200 pmExaminerSbastien RichemontInstructionsThis is an Open Book examinationMark all your answers in the space following the question or circle your answer for the multiplechoice questionsYou are permitted regular and translation dictionariesPlease answer all questions stating the references to the relevant legal provisions if requiredNumber of pages including this sheet19The examination contains four sections and a total of 65 marksSection 1 represents 35 marks and contains questions 1A 1B 1C and 1DSection 2 represents 14 marks and contains questions 2A 2B 2C and 2DSection 3 represents 6 marks and contains questions 3A and 3BSection 4 represents 10 marks and contains 10 multiple choice questionsThe questions are restricted to the laws applicable in the province of QuebecPage 1 of 19SECTION 1 35 MARKSQuestion 1A 12 marksYour client John Molson is interested in building a new sports center in Quebec City For this project he retains the services of Philippe Thepuck of ThepuckAssociates Architects and Pierre Racicot of Hockey Engineering as principal engineerAt the first meeting John Molson indicates to the architect and engineer the concerns he has about his project He indicates that the budget and timeline to do the project are very tight since the sports center must be ready foropening night He goes on to relate some bad experiences which he has had in the past with contractorsAs the general contractor has not yet been retained the architect and the engineer are now asked to recommend steps to effectively reduce risks indicated by the clientDefine the contractual tool that will most help the client and explain what requirements must be made of the general contractor to effectively address the clients concernsThe Client can use Construction bonds in order to address his concerns namely bid bonds and performance bonds Bonds guarantee that the contractor holding the bond will perform a specified obligation or face financial penaltiesThe Bid bond is an offer to enter into contract and can be used in order to find a general contractor that can complete the project with the restraints that are set by John Molson Furthermore the use of a performance bond that is issued by an insurance company or a bank can be used to guarantee satisfactory completion of a project by a contractor The requirements that must be made are that of the time of completion and the budget set for the project This will address theclients concerns of budget and timeline Therefore if the contractor fails toperform on schedule or exceeds the set budget the client will be guaranteed compensation for any monetary loss up to the amount of the performance bondPage 2 of 19
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