There are many knowledge points for the subject of the second-level constructor's "Engineering Regulations", and today we will bring you the payment of the project price, the basic provisions of the integrity evaluation of the main body of the construction market, the prevention and control of environmental noise pollution at the construction site, the social insurance and welfare of workers, the basic procedures for bidding, the bid deposit, the handling of quality disputes of the completed project, and the preparation of special construction plans for safety.
1. [Multiple choice questions] According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Trial of Cases Involving Disputes over Construction Contracts, the employer shall bear fault liability for the quality defects of construction projects under the circumstances of ( ).
a.Agree to subcontract professional projects with subcontractors selected by the general contractor in accordance with the law.
b.The design provided is flawed.
c.Directly designate subcontractors to subcontract specialized works.
d.Architectural components specified for purchase do not meet the mandatory standards.
e.The building materials provided did not meet the mandatory standards.
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Correct answers: b, c, d, e
Answer analysis: This question examines the handling of quality disputes of completed projects. Article 12 of the Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Construction Contracts stipulates that the employer shall be liable for fault if it has any of the following circumstances and causes defects in the quality of the construction project: (1) the design provided is defective;(2) The building materials, building accessories, and equipment provided or designated for purchase do not meet the mandatory standards;(3) Directly designate a subcontractor to subcontract the professional project.
2. [Multiple choice question] The special plan of the sub-project with greater risk of exceeding a certain scale shall be convened for expert demonstration, and if the general construction contracting is implemented, it shall be organized and convened by ( ).
a.Supervision unit.
b.General contractor of construction.
c.Construction.
d.Relevant professional contractors.
Correct answer: B
Answer analysis: This question examines the preparation of a special construction plan for safety. The construction unit shall organize an expert demonstration meeting for the special plan of the sub-project with greater danger of exceeding a certain scale. If the general construction contracting is implemented, the general construction contractor shall organize and convene an expert demonstration meeting.
3. [Multiple choice question] According to the "Regulations on the Implementation of Cultural Relics Protection", if you do not obtain the qualification certificate of the corresponding level of cultural relics protection project and undertake the reconstruction project of the cultural relics protection unit without authorization, the administrative department for cultural relics shall order you to make corrections within a time limitThe administrative penalty that should be borne for failure to make corrections within the time limit is ( ).
a.Penalty. b.Ordered to suspend production and business.
c.Warn. d.Revocation of business licenses.
Correct Answer: a
Answer analysis: This question examines the legal responsibility for the illegal acts of repairing, relocating and reconstructing cultural relics protection units without obtaining the corresponding qualification certificates. Anyone who has not obtained the qualification certificate of the corresponding level of cultural relics protection project, and undertakes the repair, relocation and reconstruction projects of the cultural relics protection unit without authorization, shall be ordered by the administrative department for cultural relics to make corrections within a time limitIf the correction is not made within the time limit, or serious consequences are caused, a fine of between 50,000 and 500,000 yuan shall be imposed;where a crime is constituted, criminal responsibility is pursued in accordance with law.
4. [Multiple choice questions] Regarding the statement of bid bond, the correct one is ( ).
a.The bid deposit shall not exceed 2% of the estimated price of the bidding project, but the maximum shall not exceed 800,000 yuan.
b.The validity period of the bid bond shall be consistent with the validity period of the bid.
c.If the two-stage tenderer requires the submission of a bid bond, it should be submitted in the first stage.
d.The bid deposit and interest of the unsuccessful bidder shall be refunded within 5 days after signing the contract.
e.The tenderer shall return the bid deposit of the winning bidder within 5 days after the notice of winning the bid is issued.
Correct answers: a, b, d
Answer analysis: The bid deposit shall not exceed 2% of the valuation of the bidding project. The validity period of the bid bond shall be consistent with the validity period of the bid: if the two-stage bidding is implemented, the tenderer requires the bidder to submit the bid bond, which shall be submitted in the second stage. The tenderer shall, at the latest, within 5 days after the signing of the written contract, return the bid deposit and bank deposit interest to the winning bidder and the unsuccessful bidder.
5. [Multiple choice question] If the bidder complains about the bid opening, it shall first raise an objection to ( ) in accordance with the law.
a.Tenderee.
b.Bid Evaluation Committee.
c.Disciplinary Inspection Committee.
d.Relevant administrative oversight departments.
Correct Answer: a
Answer analysis: This question examines the basic procedures of bidding. If the bidder has any objection to the bid opening, it shall be raised at the bid opening site, and the tenderer shall reply on the spot and make a record.
6. [Multiple choice question] If the construction unit owes the project payment, and the construction enterprise designates the employee of the unit to apply for arbitration, the employee's behavior belongs to ( ).
a.Statutory**.
b.See **.
c.Entrust**.
d.Designate**.
Correct answer: c
Answer analysis: The construction unit designates the employees of the unit to engage in a certain work, which belongs to the entrustment**.
7. [Multiple choice questions] According to the "Social Insurance Law", the state has established a social insurance system such as ( ) to ensure that citizens enjoy the right to receive material assistance from the state and society.
a.Accident insurance.
b.Workers' compensation insurance.
c.Maternity insurance.
d.Basic pension insurance.
e.Basic medical insurance.
Correct answers: b, c, d, e
Answer analysis: This question examines the social insurance and welfare of workers. The Social Insurance Law of the People's Republic of China (hereinafter referred to as the "Social Insurance Law") promulgated in October 2010 stipulates that the State shall establish a social insurance system for basic endowment insurance, basic medical insurance, work-related injury insurance, unemployment insurance and maternity insurance, so as to protect citizens' right to receive material assistance from the State and society in the event of old age, illness, work-related injury, unemployment, childbirth, etc.
8. [Multiple choice questions] In areas where noise-sensitive buildings are concentrated in urban areas, it is forbidden to carry out construction operations that produce environmental noise pollution at night, except for ( ).
a.Rush repair work.
b.Rescue operations.
c.It is necessary to work continuously due to special needs.
d.The supervision unit agrees.
e.Due to the requirements of the production process, continuous operation is necessary.
Correct answers: a, b, c, e
Answer analysis: This question examines the prevention and control of environmental noise pollution at the construction site. In areas where noise-sensitive buildings are concentrated in urban areas, it is forbidden to carry out construction operations that produce environmental noise pollution at night, except for emergency repairs, emergency operations, and continuous operations that must be carried out due to production process requirements or special needs.
9. [Multiple choice question] **The content of the law-abiding creditworthiness evaluation standards for market entities is mainly based on ( ).
a.Illegal acts related to the construction market.
b.Violation of the basic procedures of the law.
c.Quality and safety issues.
d.Legal liabilities related to the construction market.
Correct answer: d
Answer analysis: This question examines the basic provisions of the integrity evaluation of the main body of the construction market. The content of the evaluation criteria is mainly based on the legal liabilities related to the construction market.
10. [Multiple choice question] The correct statement about the advance is ( ).
a.Laws and administrative regulations expressly prohibit the act of advancing funds.
b.The legal nature of the advance is the arrears of the project.
c.When the parties agree on the interest on the advance, the interest rate shall be up to 4 times the interest rate of the bank loan for the same period.
d.If the parties have not agreed on the interest on the advance, it shall be treated as the arrears of the project.
Correct answer: d
Answer analysis: This question examines the payment of the project price. If the parties have an agreement on the advance and the interest on the advance, and the respondent requests the return of the advance and its interest in accordance with the agreement, it shall be supported. If the parties have no agreement on the advance, it shall be handled in accordance with the arrears of the project.
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