There are many knowledge points for the subject of the second-level construction engineer "Engineering Regulations", and today I will bring you the corresponding examination questions of the construction enterprise to apply for a safety production license, the construction project, the clarification or modification of the bidding documents, the project manager department of the construction enterprise, the implementation of the mandatory standards for engineering construction, the bid deposit, etc., and the candidates need to conduct relevant training in a timely manner.
1. [Multiple choice questions] Among the following employment methods, those that belong to illegal employment are ( ).
a.The on-site project department of the construction enterprise temporarily hires labor operators and pays labor remuneration on a daily basis.
b.The construction enterprise shall enter into a labor dispatch agreement with the labor dispatch unit, and shall not conclude a labor contract with the dispatched laborer.
c.The construction enterprise signs a labor contract with the workers, stipulating that the workers will pay various social insurance premiums.
d.The construction enterprise subcontracts the operation tasks to the labor subcontractor, and does not sign a labor contract with the workers of the subcontractor.
e.The on-site project department of the construction enterprise will not arrange leave for labor operators during the National Day.
If you want to succeed in the second-level constructor exam, you also need to carry out the corresponding exercise training, and it is very necessary to use the question bank for subject and special training
Correct answers: c, e
Answer analysis: A is a legal employment method and a temporary employment method. c. If the employer exempts itself from statutory liability and excludes the rights of the employee, the labor contract shall be invalid or partially invalid. The Labor Law stipulates that an employer shall arrange leave for employees during the following holidays in accordance with the law: (1) New Year's Day; (2) Spring Festival; (3) International Labor Day; (4) National Day; (5) Other holidays stipulated by laws and regulations. At present, other holiday festivals stipulated by laws and regulations are: the holidays for all citizens are Qingming Festival, Dragon Boat Festival and Mid-Autumn Festival; The holidays and commemorative days for some citizens are Women's Day, Youth Day, Children's Day, and the anniversary of the founding of the Chinese People's Liberation Army.
2. [Multiple choice question] Regarding the statement about the bid bond, the correct one is ( ).
a.The bidding is carried out in two stages, and the tenderer requires the bidder to submit a bid bond, which shall be submitted in the first stage.
b.The bid bond is valid from the date of submission of the bid documents.
c.If the tenderer terminates the bidding, it shall promptly return the bid deposit that has been collected, and if the bidding documents do not provide for interest, the interest may not be returned.
d.The validity period of the bid bond shall be consistent with the validity period of the bid.
Correct answer: d
Answer analysis: A is wrong, the implementation of two-stage bidding, the tenderer requires the bidder to submit a bid bond, should be proposed in the second stage. b error, the validity period of the bid bond is consistent with the validity period of the bid, and it is calculated from the deadline for submitting the bid documents. c error, the tenderer terminates the bidding, has received the bid bond, the tenderer shall promptly return the bid deposit and bank deposit interest for the same period.
3. [Multiple choice question] Regarding the implementation of mandatory standards for engineering construction, the correct one is ( ).
a.The mandatory standards for engineering construction are all mandatory provisions on project quality standards.
b.If new technologies, new processes, and new materials are adopted in the construction of the project and there are no national technical standards, they may not be subject to the restrictions of mandatory standards.
c.In the local standards for engineering construction, the provisions directly related to environmental protection and public interests can be used as mandatory provisions after being determined by the construction administrative department.
d.If international standards or foreign standards are adopted in the construction of the project and are not stipulated in China, they may not be subject to the restrictions of mandatory standards.
Correct answer: c
Answer analysis: A is false. Mandatory standards for engineering construction refer to the mandatory provisions of engineering construction standards that directly involve project quality, safety, health and environmental protection. The mandatory provisions of the national engineering construction standards shall be determined by the competent department of housing and urban-rural construction in conjunction with the relevant competent departments. b, d error. If the new technology and new materials used in the construction project survey and design documents may affect the quality and safety of the construction project, and there is no national technical standard, it shall be tested and demonstrated by a nationally recognized testing institution, and the test report shall be issued and approved by the relevant competent department or the relevant competent department of the people's government of the province, autonomous region or municipality directly under the Central Government. If international standards or foreign standards are adopted in the construction of the project, and the current mandatory standards in China are not stipulated, the construction unit shall file with the competent department of housing and urban-rural construction or the relevant competent department.
4. [Multiple choice questions] Regarding the statement of the project management department of the construction enterprise, the correct one is ( ).
a.The project manager is authorized by the construction company to manage the construction project.
b.The project management department is a non-permanent subordinate organization established by the construction enterprise.
c.The project management department has legal personality.
d.The project management department shall bear the legal consequences of the construction behavior.
e.The project manager is an internal position in the construction company.
Correct answers: a, b, e
Answer analysis: A is correct, the project manager is the manager of the construction project authorized by the enterprise legal person. B is correct, C is wrong, the project management department does not have legal personality; It is a non-permanent subordinate organization established by the construction enterprise according to the construction project, and the project manager organizes and leads the overall work of the project management department according to the authorization of the enterprise legal person. dFalse, because the project manager does not have an independent legal personality, he cannot independently bear civil liability. Therefore, the legal consequences of the actions of the project management department will be borne by the enterprise legal person. eCorrect, the project manager of the construction enterprise is appointed by the enterprise legal person and is fully responsible for the project manager of the construction project, which is a position within the construction enterprise.
5. [Multiple choice question] Regarding the clarification or modification of the bidding documents, the correct one is ( ).
a.The tender documents have more force than their clarification or amendment documents.
b.If the content of the clarification or modification may affect the preparation of the bidding documents, the tenderer shall clarify or modify it at least 15 days before the deadline for bidding.
c.Clarifications or amendments may be orally communicated to all potential bidders who have obtained the solicitation documents.
d.If the clarification or modification notice is less than 15 days to the deadline for bidding, the bid may be opened according to the original deadline after obtaining the consent of all bidders.
Correct answer: B
Answer analysis: A is false. There is no distinction between high and low bidding documents in terms of effectiveness. b is correct, cd is wrong. If the tenderer makes necessary clarifications or modifications to the tendering documents that have been issued, the content of the clarification or modification may affect the preparation of the prequalification application documents or bidding documents, the tenderee shall notify all potential bidders who have obtained the prequalification documents or the bidding documents in writing at least 3 days before the deadline for submitting the prequalification application documents, or at least 15 days before the bidding deadline; Less than 3 days or 15 days, the tenderer shall extend the deadline for submitting prequalification application documents or bidding documents.
6. [Multiple choice question] A construction project construction bidding, after company A wins the bid, it is subcontracted to company B that does not have the corresponding qualification level, and the construction process of B does not meet the specified quality standards, causing losses to the construction unit. Regarding the statement that the construction unit bears the liability for compensation, it is correct ( ).
a.A and B shall be jointly and severally liable for compensation.
b.The construction unit has a contractual relationship with A, and A shall bear the liability for compensation.
c.B is the actual constructor, and B shall be liable for compensation.
d.A and B shall be liable for compensation in accordance with their share.
Correct Answer: a
Answer analysis: Article 67 of the Construction Law stipulates: "The contractor subcontracts the contracted project ,......Order corrections and confiscation of unlawful gains, and impose a fine, may order a suspension of business for rectification, and reduce the level of qualifications; where the circumstances are serious, the qualification certificate is revoked. If the contractor commits any of the illegal acts specified above, it shall be jointly and severally liable for compensation with the unit accepting the subcontract or subcontract for the losses caused by the subcontracted project or the illegally subcontracted project not meeting the prescribed quality standards. ”
7. [Multiple choice question] Regarding the statement that after one party breaches the contract of a construction contract, the other party takes measures to prevent the expansion of losses, which is correct ( ).
a.After receiving the notice from the breaching party, the non-breaching party shall take timely measures to prevent the expansion of losses.
b.If the non-breaching party fails to take appropriate measures and causes the loss to increase, it may claim compensation for the increased loss.
c.The reasonable expenses incurred by the parties in preventing the expansion shall be borne by themselves.
d.If the breaching party is not notified, the non-breaching party does not need to take measures to prevent the expansion of losses.
Correct Answer: a
Answer analysis: The Civil Code stipulates that after one of the parties breaches the contract, the other party shall take appropriate measures to prevent the expansion of losses; Where failure to take appropriate measures results in an increase in losses, no compensation shall be sought for the increased losses. The reasonable expenses incurred by the parties in preventing the expansion of losses shall be borne by the breaching party. If one of the parties breaches the contract, the other party cannot allow the loss to increase, and after receiving notice from the other party, it shall take measures to prevent the loss from expanding in a timely manner, and shall take appropriate measures even if it has not received notice from the other party; If the failure to take timely measures results in an increase in the loss, there is no right to claim compensation for the part of the increase in loss.
8. [Multiple choice question] The correct statement about the ** in the construction project is ( ).
a.Construction contract litigation can only be entrusted with a lawyer**.
b.** in construction projects is mainly statutory**.
c.The civil juristic acts that should be carried out by the person in the construction project shall not be **.
d.In the construction project, for the benefit of the person, the person can directly entrust it to others.
Correct answer: c
Answer analysis: A is wrong, the litigant does not require that he must be a lawyer qualified, and grassroots legal service workers, the party's close relatives or staff, the party's community, unit, and citizens recommended by relevant social groups can also serve as the entrusted litigator. B is wrong, the ** in the construction project is mainly entrusted**, and the statutory ** and designated ** person is a person with no civil capacity or a person with limited civil capacity. D is wrong, there are two situations of sub-entrustment, one is the consent of the ** person; The other is that the situation is urgent, and the subcommission is carried out for the benefit of the recipient. The mistake in this question is that it lacks the premise of urgency. The Civil Code stipulates that civil juristic acts that shall be carried out by the person in accordance with the provisions of the law or in accordance with the agreement of the two parties shall not be **.
9. [Multiple choice question] When the construction unit applies for a construction permit, the construction period of the construction project is more than 1 year, and the funds in place are at least ( ) of the project contract price in principle
a.20%b.40%
c.50%d.30%
Correct answer: d
Answer analysis: The "Measures for the Administration of Construction Permits for Construction Projects" clearly stipulates that if the construction period is less than 1 year, the funds in place shall not be less than 50% of the project contract price in principle, and the funds in place shall not be less than 30% of the project contract price if the construction period is more than 1 year.
10. [Multiple choice question] Among the following construction conditions, the construction enterprises should have ( ) to apply for a safety production license
a.Funding for the construction has already been secured.
b.The main person in charge has passed the assessment of the relevant departments.
c.Equipped with part-time safety production management personnel.
d.Accident insurance was provided for employees.
Correct answer: B
Answer analysis: The "Regulations on the Administration of Work Safety Licenses for Construction Enterprises" further stipulates that construction enterprises should meet 12 safety production conditions to obtain safety production licenses: (1) establish and improve the safety production responsibility system, and formulate complete safety production rules and regulations and operating procedures; (2) The investment of funds required to ensure the safety production conditions of the unit; (3) Set up a safety production management organization, in accordance with the relevant provisions of the state with full-time safety production management personnel; (4) The main person in charge, the person in charge of the project, and the full-time safety production management personnel have passed the assessment of the competent department of construction or other relevant departments; (5) The special operation personnel have passed the examination of the relevant business departments and obtained the special operation qualification certificate; (6) Managers and operators shall conduct safety production education and training at least once a year and pass the assessment; (7) Participate in work-related injury insurance in accordance with the law, handle accident insurance for personnel engaged in dangerous operations on the construction site in accordance with the law, and pay insurance premiums for employees; (8) The office, living area and work place of the construction site and safety protection equipment, machinery and equipment, construction equipment and accessories meet the requirements of relevant safety production laws, regulations, standards and procedures; (9) Have occupational hazard prevention and control measures, and equip operators with safety protective equipment and safety protective clothing that meet national standards or industry standards; (10) There are prevention, monitoring measures and emergency plans for the parts and links that are prone to major accidents in the sub-projects and construction sites with greater risk; (11) Have an emergency rescue plan, emergency rescue organization or emergency rescue personnel for production safety accidents, and be equipped with necessary emergency rescue equipment and equipment; (12) Other conditions stipulated by laws and regulations.
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