Subcontracts and POs

What is the Predominant Purpose test used for?

• To determine the main reason for a legal dispute

• To decide if the primary goal is the sale of goods or a service

• To assess the quality of goods provided under a contract

• To evaluate the performance of services in a subcontract

What does the Gravamen Test focus on?

• The total cost of a contract

• The party responsible for a breach of contract

• The cause of the failure, such as defective goods or incorrect installation

• The duration of a contract

What is the status of a contract signed by an unlicensed contractor in Florida according to statute?

• It is legally binding and enforceable.

• It is invalid and unenforceable.

• It is valid only if signed in the presence of a licensed contractor.

• It is temporarily valid until a license is obtained.

Under what doctrine might an unlicensed contractor receive compensation for their work in some states?

• Spearin Doctrine

• Quantum Meruit

• Promissory Estoppel

• Contributory Negligence

What legal principle is enforceable when a party has made a promise to another party who then relies on that promise to their subsequent detriment?

• Promissory Estoppel

• Bid Shopping

• Subcontractor Listing Laws

• Reasonable Reliance

Promissory estoppel does not apply when GC knows the subcontractor's bid contains an error.

• True

• False

What were Subcontractor Listing Laws created to avoid?

• Promissory Estoppel

• Bid Shopping

• Unreasonable Reliance

• Bad Faith Actions

What does the term "Bid shopping" refer to in the context of unethical GC behavior?

• A different subcontractor tries to get the GC to use them instead of the one they used on the prime bid.

• GC uses bid to ask other subcontractors for a lower price.

• GC tries to negotiate subcontractors' bid to a lower price.

• A legal method where the GC selects the most ethical bid.

What is "Bid Chiseling"?

• A different subcontractor tries to get the GC to use them instead of the one they used on the prime bid.

• GC uses bid to ask other subcontractors for a lower price.

• GC tries to negotiate subcontractors' bid to a lower price.

• A legal negotiation technique used by GCs to ensure fair pricing.

What does "Bid peddling" mean?

• A different subcontractor tries to get the GC to use them instead of the one they used on the prime bid.

• GC uses bid to ask other subcontractors for a lower price.

• GC tries to negotiate subcontractors' bid to a lower price.

• A process where the GC selects the best bid based on quality and cost.