There are many knowledge points for the subject of "Engineering Regulations" for secondary constructors, and today we will bring you the corresponding exam questions of the examination points such as engineering quality inspection, quality assurance responsibility, project payment starting time, registered construction engineer management regulations, and the implementation regulations of the Bidding and Bidding Law.
1. [Multiple choice question] According to the "Regulations on the Administration of Registered Constructors", the circumstances of non-registration are ( ).
a.Applicants must be at least 60 years old.
b.The applicant has been subject to criminal punishment for his or her practice activities, and it has been less than 5 years from the date of completion of the criminal penalty to the date of application for registration.
c.If the applicant's registration certificate is revoked, it shall be less than 5 years from the date of the penalty decision to the date of application for registration.
d.During the period when the applicant was a project manager five years before the date of application for registration, a major quality and safety accident occurred in the project under his responsibility.
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Correct answer: B
Answer analysis: According to the "Regulations on the Administration of Registered Constructors", the applicant shall not be registered under any of the following circumstances: (1) he does not have full civil capacity; (2) The applicant applies for registration in two or more units; (3) Failure to meet the continuing education requirements of registered constructors; (4) Those who have received a criminal punishment and the criminal punishment has not yet been completed; (5) Receiving criminal punishment for practicing activities, and less than 5 years have elapsed from the date of completion of the criminal punishment to the date of application for registration; (6) Where a person has received a criminal penalty for reasons other than those specified in the preceding paragraph, and it has been less than 3 years from the date of the penalty decision to the date of application for registration; (7) The registration certificate has been revoked, and it has been less than 2 years from the date of the penalty decision to the date of application for registration; (8) During the period of serving as a project manager within 3 years before the date of application for registration, the project in charge of which a major quality and safety accident occurred; (9) The applicant's employer does not meet the requirements of the registered unit; (10) Over 65 years of age; (11) Other circumstances under which laws and regulations stipulate that registration shall not be granted.
2. [Multiple choice questions] In the following circumstances, the projects that can not be tendered according to law are ( ).
a.Projects that require the use of irreplaceable construction know-how.
b.The purchaser's wholly-owned subsidiary can build on its own.
c.It is necessary to purchase the project from the original winning bidder, otherwise it will affect the construction or functional supporting requirements.
d.Projects with only a small number of potential bidders to choose from.
e.Investors of franchise projects that have been selected through bidding can build on their own in accordance with law.
Correct answers: a, c, e
Answer analysis: The "Regulations for the Implementation of the Tendering and Bidding Law" stipulates that bidding may not be carried out under any of the following circumstances: (1) irreplaceable patents or proprietary technologies need to be used; (2) The purchaser is able to build, produce or provide it on its own in accordance with the law; (3) The investors of the concession project who have been selected through bidding can build, produce or provide them on their own in accordance with the law; (4) It is necessary to purchase projects, goods or services from the original winning bidder, otherwise it will affect the construction or functional supporting requirements; (5) Other special circumstances stipulated by the state.
3. [Multiple choice question] The fee charged for the sale of bidding documents shall be limited to the cost of compensation ( ).
a.Preparation of tender documents.
b.Printing and mailing of bidding documents.
c.The tenderer office.
d.Tendering activities.
Correct answer: B
Answer analysis: The fees charged by the tenderer for the sale of prequalification documents and bidding documents shall be limited to compensate for the cost of printing and mailing, and shall not be for profit.
4. [Multiple choice questions] When the corresponding payment time agreement in the construction contract is unclear, the statement about the payment starting time is correct ( ).
a.If the project has been actually delivered, it shall be the date of delivery.
b.If the project is not delivered, it shall be the date of submission of the completion settlement documents.
c.If the project has been delivered and the construction enterprise claims the project payment, it shall be the date on which the claim is made.
d.If the project is not delivered, it shall be the date of submission of the completion acceptance report.
e.If the project is not delivered and the project price has not been settled, it shall be the date on which the parties file a lawsuit.
Correct answers: a, b, e
Answer analysis: If the parties have not agreed on the payment time or the agreement is unclear, the following times shall be regarded as the payment time: (1) if the construction project has been actually delivered, it shall be the date of delivery; (2) If the construction project is not delivered, it shall be the date of submission of the completion settlement documents; (3) If the construction project is not delivered and the project price has not been settled, it shall be the date on which the parties file a lawsuit.
5. [Multiple choice question] Regarding the statement about the property insurance contract, the correct one is ( ).
a.The insurance contract is non-transferable.
b.The insurer shall not require the policyholder to pay the premium in the form of a lawsuit.
c.The perils in the insurance contract have the uncertainty of the occurrence of the loss.
d.The insured shall be the same as the policyholder.
Correct answer: c
Answer analysis: A is false, in the property insurance contract, the insurer shall be notified of the transfer of the insurance contract, and the contract shall be transferred according to law after the insurer agrees to continue the underwriting. b False, the beneficiary of life insurance is designated by the insured or the policyholder. The insurer shall not require the policyholder to pay the insurance premium for life insurance by means of litigation. d. Wrong, the insurance contract will also involve the insured and the beneficiary in the performance. The insured refers to the person whose property or person is protected by the insurance contract and has the right to claim the insurance money, and the policyholder can be the insured. The beneficiary refers to the person designated by the insured or the policyholder in the life insurance contract to have the right to claim the insurance money, and the policyholder and the insured can be the beneficiary.
6. [Multiple choice questions] Regarding the statement of quality assurance responsibility, the correct one is ( ).
a.The construction enterprise shall be responsible for the maintenance and bear the cost of the quality defects caused by the wrong management of the construction unit.
b.The quality warranty is subject to the dual constraints of the warranty period and the warranty scope.
c.Permanent engineering damage caused by **, typhoon, flood and other reasons shall be repaired by the construction enterprise, and the cost shall be borne by the construction unit.
d.The construction project quality deposit is the fund reserved from the project payment payable by the construction unit.
e.If the quality deposit is reserved during the defect liability period, the construction enterprise shall perform the responsibilities agreed in the contract, and the construction enterprise may apply to the construction unit for the return of the quality deposit after the expiration date.
Correct answers: d, e
Answer analysis: A is wrong, the quality defects caused by the wrong management of the construction unit (including the supervision unit) shall be repaired by the construction unit first, and the economic responsibility shall be borne by the construction unit; If it is the responsibility of the supervision unit, the construction unit shall claim compensation from the supervision unit. B do not choose, the construction unit in the quality warranty, should be committed to the construction unit warranty scope, warranty period and specific implementation of the warranty measures, such as the warranty method, personnel and contact information, warranty reply and processing time limit, penalties for non-performance of warranty responsibility, etc. c. Error, damage caused by natural disasters such as **, typhoons, floods or other irresistible reasons shall be repaired by the construction unit first, and the parties involved in the construction shall share the economic responsibility according to the specific national policies. d. Correct, the construction project quality deposit (warranty) (hereinafter referred to as the deposit) refers to the funds agreed between the employer and the contractor in the construction project contract to be reserved from the project payment payable to ensure that the contractor repairs the defects in the construction project during the defect liability period. eCorrect, during the defect liability period, the contractor conscientiously performs the responsibilities agreed in the contract, and after the expiration, the contractor applies to the employer for the return of the deposit.
7. [Multiple choice question] Regarding the statement of engineering quality inspection, the correct one is ( ).
a.Testing personnel must not be employed by two or more testing institutions at the same time.
b.The test report must be signed by the legal representative of the testing institution.
c.Testing institutions are non-profit intermediaries that do not have independent legal personality.
d.The test data and test report are for the reference of the construction enterprise only.
Correct Answer: a
Answer analysis: B is false, the test report can only take effect after being signed by the testing personnel, signed by the legal representative of the testing institution or its authorized signatory, and stamped with the official seal of the testing institution or the special seal for testing. c. False, the engineering quality inspection agency is an intermediary agency with independent legal personality. dError, the test report is confirmed by the construction unit or the project supervision unit, and the construction unit is archived. No unit or individual may explicitly or implicitly state that a testing institution has issued a false test report, and must not tamper with or falsify the test report. If there is a dispute between the interested parties of the test results on the test results, the testing institutions jointly recognized by both parties shall re-test, and the re-inspection results shall be reported to the local construction department for the record by the party proposing the re-inspection.
8. [Multiple Choice] Regarding the statement about the form of the contract, the correct one is ( ).
a.The contract must be in writing.
b.The oral form belongs to the other forms of contract.
c.A contract that is not concluded in writing in accordance with the law is null and void.
d.The contract may be in the form of a data message.
Correct answer: d
Answer analysis: The Civil Code promulgated in May 2020 stipulates that when the parties enter into a contract, there are written, oral and other forms (such as implied contracts) AB errors. If the parties agree to conclude the contract in writing, and the parties do not use the written form but one party has performed its main obligations and the other party accepts it, the contract is formed and c is wrong. The Electronic Signature Law, promulgated in April 2019, as amended, also stipulates that data messages that can tangibly represent the content contained therein and can be retrieved at any time shall be deemed to be in written form that meets the requirements of laws and regulations; A reliable electronic signature has the same legal effect as a handwritten signature or seal. d correct.
9. [Multiple choice question] A entrusts B to use a raw material and signs a material procurement entrustment contract, and with the consent of A, B entrusts the raw material procurement affairs to C. Regarding the statement of responsibility in this entrustment, it is correct ( ).
a.B is liable for C's actions.
b.B is liable only for C's election and for his instructions to C.
c.A and B are jointly and severally liable for C's actions.
d.A and B shall be jointly and severally liable for B's election of C and his instructions to C.
Correct answer: B
Answer analysis: The "Civil Code" stipulates that if the person needs to entrust a third party, the consent or recognition of the person being the subject shall be obtained. If the sub-entrustment is approved or retrospectively approved by the respondent, the sub-party may directly instruct the third party to whom the sub-entrustment is in respect of the affairs, and the sub-party shall only be liable for the selection of the third party and the instructions of the third party.
10. [Multiple choice questions] The following acts constitute tortious debts ( ).
a.The construction administrative department did not issue the construction permit in a timely manner.
b.Passers-by helped take the injured worker to the hospital.
c.Falling objects on buildings cause injury to others, and it is difficult to determine who is responsible.
d.Window damage to residents when roof advertising was removed.
e.The construction unit failed to pay the project money to the construction enterprise in full and in a timely manner.
Correct answer: c, d
Answer analysis: A is wrong, it is an administrative omission, and the administrative subject bears the corresponding administrative responsibility. B. Error, management without cause, refers to the fact that managers and service personnel do not have specific legal obligations, and are not entrusted by others to consciously manage affairs or provide services for others. Causeless management creates a debt relationship between the manager or service member and the beneficiary. Debts arising from unmanaged debts are referred to as debts arising from unmanaged causes. Option b is causeless management. c. Correct, if an object thrown from a building or an object falling from a building causes damage to others, and it is difficult to determine the specific infringer, the user of the building who may have caused the harm shall compensate unless he can prove that he is not the infringer. d. Correct, if a building, structure or other facility and its shelving or hanging objects fall off or fall and cause damage to others, and the owner, manager or user cannot prove that he or she is not at fault, he shall bear tort liability. After the owner, manager or user makes compensation, if there are other responsible persons, they have the right to recover from the other responsible persons. e error, the creation of construction project debt, the most important is also the contract. The conclusion of the construction contract will create a debt relationship between the construction unit and the construction unit; The conclusion of the contract for the sale and purchase of materials and equipment will create a debt relationship between the construction unit and the material and equipment supplier.
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