There are many knowledge points in the subject of "Engineering Regulations" of the second-level constructor, and today I will bring you the scope of compensation for breach of contract in the construction contract, the basic procedures of bidding, the exemption of liability for breach of contract, the entrustment, the payment of employee injury insurance benefits, and the corresponding test questions of the construction project contract change, and the candidates who are preparing for the exam need to carry out relevant training in a timely manner.
1. [Multiple choice question] Regarding the third party in civil litigation, the correct statement is ( ).
a.A third party is a party to a civil litigant in the narrow sense.
b.A third party who is judged by a people's court to bear civil liability has the procedural rights and obligations of the parties.
c.Where a third party finds that the parties have the right to make an independent claim on the subject matter of the litigation, they can only participate in the litigation and must not initiate litigation.
d.Where a third party does not have the right to make an independent claim for the subject matter of the litigation between the parties, but has a legal interest in the outcome of the case, the people's court may only notify him to participate in the litigation.
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 answer: B
Answer analysis: The Civil Procedure Law stipulates that if a third party believes that it has an independent right to make a claim for the subject matter of the litigation between the parties, it has the right to file a lawsuit. Where a third party does not have the right to make an independent claim on the subject matter of the litigation between the parties, but has a legal interest in the outcome of the case, he may apply to participate in the litigation, or the people's court may notify him to participate in the litigation.
2. [Multiple choice question] Regarding the change of construction project contract, the correct statement is ( ).
a.One party may directly change the contractual agreement reached by the two parties in accordance with the transaction customs.
b.The content of the original contract shall be replaced by the content of the change negotiated by the parties.
c.If the parties are not clear about the content of the contract, the party that proposes the change first has the right to require the other party to perform according to its requirements.
d.After the market environment at the time of the conclusion of the contract changes, one party can directly change the original contract.
Correct answer: B
Answer analysis: If the parties reach an agreement on the changed matters, the changed content replaces the content of the original contract, and the parties shall perform the contract in accordance with the changed content. If one party changes the content of the contract without the consent of the other party, not only is the content of the change not binding on the other party, but its practice is also a breach of contract and it shall bear the liability for breach of contract.
3. [Multiple choice question] After the employee of the general contractor of the construction unit who has not participated in the work-related injury insurance and the employee of the subcontractor have a work-related injury accident, the statement about the payment of the employee's work-related injury insurance benefits is correct ( ).
a.It shall be paid in advance by the construction unit.
b.Paid in advance by workers' compensation insurance**.
c.It shall be jointly borne by the subcontractor and the construction unit.
d.The subcontractor shall pay the work-related injury insurance benefits, and the general contractor and the construction unit shall bear joint and several liability.
Correct answer: d
Answer analysis: In the case of a construction project that does not participate in work-related injury insurance, if an employee has a work-related injury accident, the employer where the employee works shall pay the work-related injury insurance benefits in accordance with the law, and the construction unit of the general contractor shall bear joint and several liability; If the employer and the general construction contractor and the construction unit that bear joint and several liability fail to pay, the work-related injury insurance shall pay in advance, and the employer and the general construction contractor and construction unit that bear joint and several liability shall repay; and where it is not repaid, the social insurance agency shall recover it in accordance with law.
4. [Multiple choice question] According to the "Regulations on the Protection of Famous Historical and Cultural Cities, Towns and Villages", the ones who can apply for famous historical and cultural cities, towns and villages are ( ).
a.A city with abundant preserved cultural relics.
b.A town that reflects the cultural characteristics of the architecture of the region.
c.Cities that have historically had a significant impact on the development of the region.
d.A village that retains its traditional layout and historical features.
Correct answer: d
Answer analysis: You can declare famous historical and cultural cities, towns, and villages: (1) The preserved cultural relics are particularly rich; (2) Historic buildings are concentrated in a piece; (3) It retains the traditional pattern and historical features; (4) It has been used as a political, economic, cultural, transportation center or military important place in history, or has had important historical events, or its traditional industries and major projects built in history have had an important impact on the development of the region, or can reflect the cultural characteristics and national characteristics of the region's architecture.
5. [Multiple choice question] Regarding the exemption from liability for breach of contract, the correct statement is ( ).
a.The exemption clause in the contract for causing personal injury to the other party is valid.
b.In the event of force majeure, it will inevitably lead to the exemption of all liability.
c.If force majeure occurs after the delay in performance, the liability shall not be exempted.
d.If the contract cannot be performed due to force majeure, there is no need to notify the other party.
Correct answer: c
Answer analysis: Causing personal injury to the other party violates the personal rights of the other party, and causing the loss of the other party's property violates the property rights of the other party. Personal rights and property rights are rights conferred by law, and if a clause in the contract violates them, the clause is illegal, and such an exemption clause is invalid. Option A is incorrect. If one of the parties is unable to perform the contract due to force majeure, it shall be exempted from liability in part or in whole according to the impact of force majeure, except as otherwise provided by law. Option b is incorrect. If the contract cannot be performed due to force majeure, the other party shall be notified in a timely manner to mitigate the losses that may be caused to the other party, and proof shall be provided within a reasonable period of time. Option d is incorrect. If force majeure occurs after the party delays performance, it shall not be exempted from liability for breach of contract.
6. [Multiple choice question] The correct statement about the commission is ( ).
a.Entrustment of ** authorization shall be in writing.
b.If the power of attorney is unclear, the person subject shall bear all legal responsibility.
c.Several people can be people of the same matter.
d.Where a person knows that the matter is illegal but still carries out the act, he shall bear full legal responsibility.
Correct answer: c
Answer analysis: If the authorization is in writing, the power of attorney shall indicate the name or title of the person, the matter, the authority and the period, and be signed or sealed by the person. Where several persons are persons of the same matter, they shall jointly exercise the right, unless otherwise agreed by the parties. Where the person knows or should know that the matter is illegal but still commits the act, or the person who knows or should know that the act of the person is illegal and does not object, the person being the person and the person being the person shall be jointly and severally liable.
7. [Multiple choice question] Among the following behaviors of the tenderer, it is ( ) that restricts or excludes potential bidders or bidders with unreasonable conditions
a.Reject the bidding documents submitted by bidders who have not passed the prequalification.
b.Projects that must be tendered in accordance with the law shall be subject to the performance and awards of specific industries as bonus conditions.
c.Set the qualifications related to the performance of the contract.
d.The same qualification criteria are applied to different bidders.
Correct answer: B
Answer analysis: If the tenderer has one of the following behaviors, it is to restrict or exclude potential bidders or bidders with unreasonable conditions: (1) provide different project information to potential bidders or bidders for the same bidding project; (2) The set qualifications, technical and business conditions are not compatible with the specific characteristics and actual needs of the bidding project or have nothing to do with the performance of the contract; (3) For projects that must be tendered in accordance with the law, the performance and awards of specific administrative regions or specific industries shall be used as bonus conditions or bid-winning conditions; (4) Adopt different qualification or bid evaluation standards for potential bidders or bidders; (5) Limit or designate specific patents, trademarks, brands, places of origin or merchants; (6) Projects that must be tendered in accordance with the law illegally limit the ownership or organizational form of potential bidders or bidders; (7) Restricting or excluding potential bidders or bidders with other unreasonable conditions.
8. [Multiple choice questions] Regarding the basic procedures of bidding, the correct ones are ( ).
a.If the bidding project needs to perform the project approval procedures in accordance with the relevant provisions of the state, the bidding matters can be handled first, and then the approval procedures can be performed.
b.Bidding and bidding activities shall follow the principles of openness, fairness, impartiality and good faith.
c.If the tenderer has the ability to prepare bidding documents and organize bid evaluation, it can handle the bidding matters by itself.
d.The bidding agency can provide consultation to the bidders of the bidding project.
e.The entrusted bidding agency shall be carried out by means of bidding.
Correct answer: B, C
Answer analysis: If the bidding project needs to perform the project approval procedures in accordance with the relevant provisions of the state, it shall first perform the approval procedures and obtain approval. The tenderer shall have the corresponding funds for the bidding project or the funds have been implemented, and shall be truthfully stated in the bidding documents. The bidding agency shall not bid or bid in the bidding project, nor shall it provide consultation to the bidders of the bidding project.
9. [Multiple choice question] Among the following disputes, the one that falls within the scope of labor disputes is ( ).
a.Disputes over the employee's request for social insurance payment by the social insurance agency.
b.Disputes over the employee's objection to the conclusion of the diagnosis and appraisal of the occupational disease.
c.Disputes between rural contractors and employees.
d.Disputes arising from medical expenses related to work-related injuries.
Correct answer: d
Answer analysis: The scope of labor disputes is mainly as follows: (1) disputes arising from the confirmation of labor relations; (2) Disputes arising from the conclusion, performance, modification, rescission and termination of labor contracts; (3) Disputes arising from removal, dismissal, resignation or resignation; (4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training and labor protection; (5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.; (6) Disputes between the employee and the employer in the course of performing the labor contract; (7) Disputes arising after the employee and the employer have not concluded a written labor contract, but an employment relationship has been formed; (8) Disputes arising from the recourse of pensions, medical expenses, work-related injury insurance benefits and other social insurance benefits between the employee and the original employer who has not yet participated in the social insurance pooling after retirement; (9) Other labor disputes stipulated by laws and regulations.
10. [Multiple choice question] Regarding the scope of damages for breach of contract in the construction contract, the correct one is ( ).
a.The amount of damages can be significantly higher than the losses caused by the breach.
b.If the damage caused by the breach of contract is unforeseeable at the time of the conclusion of the contract, the breaching party shall also be liable for compensation.
c.If the non-breaching party takes inappropriate measures and causes the loss to increase, it may still claim compensation for the part of the increased loss.
d.The benefits that can be obtained after the performance of the contract shall be included.
Correct answer: d
Answer analysis: The amount of compensation for losses should be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract; provided, however, that it shall not exceed the losses that may be caused by the breach of contract that the breaching party foresaw or should have foreseen at the time of entering into the contract. Accordingly, only when the damage caused by the breach was foreseeable by the breaching party at the time of the contract can it be considered that there is a causal relationship between the result of the damage and the breach, and the breaching party should be liable for such damages. If the damage is unforeseeable, the breaching party shall not be compensated. It 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, compensation for the increased losses shall not be claimed. 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.
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