2022 Second Construction "Construction Engineering Regulations and Related Knowledge" real questions and answers (divided into two batches over two days, three subjects in one day), exam opening areas: Jiangsu, Guangdong, Anhui, Hainan, Shaanxi, Chongqing, Inner Mongolia, Yunnan, Shanxi, Qinghai, and Fujian. The following are specific contents for reference.

2022 Second Construction Law Examination Subject Real Questions and Answers

1 According to the "Civil Code", the following entities are legal persons ().

A. Project management department of construction company A

B. Foundation B

Branch of company C

D. Business leader Ding

Answer B

Analysis Option B is a non-profit legal person, and ACD does not have independent legal personality.

2. Regarding civil agency, the correct statement is ().

A. All civil legal acts can be represented by agents

B. The agent’s agency authority is not restricted

C. The agent performs civil acts in his own name Legal act

D. The legal consequences of the agency act belong to the principal

Answer D

Analysis of option A is wrong: "Civil Code" stipulates that civil subjects can Carrying out civil legal acts through an agent. According to legal provisions, parties' agreement or the nature of the civil legal act, civil legal acts that should be carried out by the person himself shall not be represented by an agent. Options B and C are wrong: The "Civil Code" stipulates that the civil legal acts performed by the agent in the name of the principal within the agency authority shall be effective on the principal

3 Belongs to usufruct rights is ().

A. Land ownership

B Easement

C Mortgage of real estate

D Lien

Answer B

Analysis Usufruct right is the right holder’s right to possess, use and benefit from the real estate or movable property owned by others in accordance with the law. Usufructuary rights include land contract management rights, construction land use rights, homestead use rights, residence rights and easements.

4 Regarding the statement of unjust enrichment, the correct one is ().

A. If the debt is repaid knowingly that there is no obligation to pay, the person who suffered the loss has no right to request the beneficiary to return the benefits obtained

B. The benefits obtained by the beneficiary are no longer available. If the beneficiary has transferred the benefit to a third party for free, the person who suffered the loss has no right to request the third party to bear the responsibility within the corresponding scope. Obligation to return

D. If the beneficiary does not know and should not know that the benefit obtained has no legal basis, the person who suffered the loss may request the beneficiary to return the benefit and compensate for the loss

Answer A

Analysis of the Civil Code stipulates that if the beneficiary obtains undue benefits without legal basis, the person who suffered the loss may request the beneficiary to return the obtained benefits, except in one of the following circumstances: (1) Payment to fulfill moral obligations: (2) Settlement of debt before maturity: (3) Settlement of debts knowing that there is no obligation to pay.

5. The term of design patent right is ().

A.10 years

B.15 years

C.20 years

D.30 years

Answer B

Analysis The term of design patent rights is 15 years

6 According to the "Civil Code", regarding the guarantee contract, the correct statement is ().

A. The guarantee contract is a subsidiary contract of the contract

B. The guarantee contract can only be a paid contract

C. The guarantee contract is a form of security for things

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D. The guarantee contract is an atypical contract

Answer A

Analysis The guarantee contract is a subsidiary contract of the main contract. The main contract is invalid and the guarantee contract is invalid.

7 Among all risks of construction projects, the insurance company is not responsible for compensation for losses and expenses caused by the following reasons: ().

A Design error

B Earthquake

C. Flood

D Accident

Answer A

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Analysis Construction All Risks covers all types of civil, industrial and public utility construction projects, including roads, bridges, dams, ports, etc., all losses caused by natural disasters or accidents during the construction process Types of insurance. The insurer is responsible for compensation for losses and expenses caused by the following reasons:

(1) Natural events, including earthquakes, tsunamis, lightning, hurricanes, typhoons, tornadoes, storms, heavy rains, floods, floods, freezing Disasters, hail, landslides, landslides, snowfall, volcanic eruptions, ground subsidence and other irresistible and destructive natural phenomena:

(2) Accidents refer to unpredictable and Sudden events beyond the control of the insured that cause material damage or personal injury or death, including fires and explosions.

8. Among the following administrative compulsions, which are administrative compulsory measures ()

A. Seal the place

B impose a fine

C Eliminate obstacles

D. Transfer deposits

Answer A

Analysis of administrative coercive measures include: restricting citizens’ personal freedom: sealing up places, facilities or property; seizing Property; freezing of deposits and remittances; other administrative enforcement measures.

9. If the construction company entrusts a lawyer to represent the lawyer fully in the litigation, but does not give specific authorization, the lawyer has the right to perform 0 actions in the litigation.

A filed a counterclaim

B made a settlement

C changed the claim

D filed an objection to management rights

Answer D

Analysis In view of the situation that often occurs in practice where the power of attorney only states "full authority without specific authorization", the Supreme People's Court also specifically stipulates that in this case, it cannot be regarded as the litigation agent. Obtaining special authorization means that the litigation agent does not have the authority to admit, abandon, change claims, conduct settlements, file counterclaims or appeal on behalf of the party.

10. Among the following ways of assuming liability, the one that belongs to the way of assuming civil liability is ( ).

A. Fine

B. Order to close

C. Continue to perform

D. Confiscation of property

Answer C

Analysis of the Civil Code stipulates that the main ways to bear civil liability are: (1) Stop the infringement; (2) Remove the obstruction; (3) Eliminate the danger; (4) Return the property: ( 5) Restore the original condition: (6) Repair, redo and replace; (7) Continue to perform: (8) Compensate for losses; (9) Pay liquidated damages; (10) Eliminate the impact and restore the famous business: (11)

Compensation. The above methods of bearing civil liability can be applied individually or in combination.

11. The establishment of labor relationship between the employer and the employee is ().

A The date when the labor contract is concluded

B. The date when the employment notice is issued

C The date of employment

D. The date when entry procedures are completed

Answer C

Analysis: The employer establishes a labor relationship with the employee from the date of employment

12. According to the "Construction Project Quality Management Regulations", the construction unit. The time for handling the project quality supervision procedures is ().

A Before completion acceptance

B. When signing the construction contract

C. Before the main body capping

D Before the start of construction

Answer D

Analysis of the "Regulations on Quality Management of Construction Projects" stipulates that before starting construction, construction units should go through project quality supervision procedures in accordance with relevant national regulations.

13. The registration certificate and professional seal of a registered construction engineer shall be kept by ().

A. The unit that employs registered construction engineers

B. The housing and urban-rural development department where the unit that employs registered construction engineers is located

C. The personnel administration of the location where the unit that employs registered construction engineers is located Competent department

D registered construction engineer himself

Answer D

Analysis The registration certificate and practice seal are the practicing certificates of the registered construction engineer and are kept by the registered construction engineer himself ,use.

14 According to the Civil Code, the following exemption clauses in the contract are valid: ().

A. Causing the other party’s property loss due to general negligence

B Causing the other party’s personal injury

C. Causing the other party’s property loss due to intentional negligence

D. Causing personal injury to the other party due to gross negligence

Answer A

Analysis of the Civil Code stipulates that the following exemption clauses in the contract are invalid: (1) Causing the other party Personal injury: (2) The other party’s property losses are caused intentionally or due to gross negligence.

15 According to the "Fire Protection Law", agencies, groups, enterprises, and institutions should conduct at least one comprehensive inspection of building fire protection facilities ().

A. 2 years

B. 3 years

C. 5 years

D. Every year

Answer D

Analysis of the "Fire Protection Law of the People's Republic of China" (hereinafter referred to as the "Fire Protection Law"), which was revised and promulgated in April 2021, stipulates that agencies, groups, enterprises, institutions and other units must perform The following fire safety responsibilities:

(1) Implement the fire safety responsibility system, formulate the unit's fire safety system, fire safety operating procedures, and formulate fire fighting and emergency evacuation plans;

(2 ) Configure fire protection facilities and equipment in accordance with national standards and industry standards, set fire safety signs, and organize regular inspections and maintenance to ensure they are intact and effective;

(3) Conduct comprehensive inspections of building fire protection facilities at least once a year, Ensure that they are intact and effective, and the inspection records should be complete and accurate and archived for future reference;

(4) Ensure that evacuation passages, safety exits, and fire truck passages are smooth, and ensure that fire and smoke prevention zones and fire prevention distances comply with fire protection technical standards:

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(5) Organize fire prevention inspections and eliminate fire hazards in a timely manner:

(6) Organize targeted fire drills:

(7) Laws and regulations Other fire safety duties. The main person in charge of the unit is the person responsible for fire safety of the unit.

16 Regarding court mediation, the correct statement is ().

A. The mediation document is less effective than the judgment

B. If an agreement is reached through mediation, the people's court shall make a mediation document

C The people's court can conduct mediation Invite relevant units and individuals to assist

D. When the People’s Court hears civil cases, mediation should be conducted before a judgment is made

Answer C

Analysis of the Civil Procedure Law " stipulates that mediation in the People's Court can be presided over by a single judge or by a collegial panel, and it can be conducted locally as much as possible. When the People's Court conducts mediation, it may invite relevant units and individuals to assist. The invited units and individuals shall assist the People's Court in conducting mediation.

17 Among the following agreements reached by the tenderer and the successful bidder in addition to the successful bid contract, 0 are the ones that deviate from the substantive content of the successful bid contract.

A. The winning bidder purchases the property under construction at market price

B. Both parties increase costs for design changes

C. The winning bidder donates property to the tenderer To reduce the project price

D. The winning bidder changes the project manager for some reason

Answer C

Analysis

The tenderer and the winning bidder The bidder shall conclude a written contract in accordance with the bidding documents and the winning bidder's bidding documents within 30 days from the date of issuance of the bid winning notice. The tenderer and the winning bidder shall not enter into other agreements that deviate from the substantive content of the contract.

The Supreme People's Court's "Interpretation on the Applicable Legal Issues in the Trial of Construction Project Construction Contract Dispute Cases (I)" (Fa Interpretation No. 202025) stipulates that the construction project construction contract signed by the parties shall be together with the bidding documents, bidding documents, If the project scope, construction period, project quality, and project price stated in the bid winning notice are inconsistent, and one party requests that the bidding documents, bidding documents, and bid winning notice be used as the basis for settling the project price, the People's Court shall support the request.

18. The time limit for labor dispute arbitration is ().

A. 6 months B. 1 year C. 2 years D. 3 years

Answer B

Analyze the provisions of the "Labor Dispute Mediation and Arbitration Law", The statute of limitations for applying for arbitration of labor disputes is one year. The arbitration limitation period is calculated from the date when the parties knew or should have known that their rights had been infringed.

19. Regarding the opening of bids, the correct statement is ().

A. If there are less than 5 bidders, the bid shall not be opened

B. If the bidder has any objection to the bid opening, it shall raise another objection after the bid opening is completed

C. The bid opening shall be hosted by the bidding agency

D. The bidder shall open the bid at the time and place specified in the bidding documents

Answer D

Analysis

If there are less than 3 bidders, the bids shall not be opened. Option A is wrong. If a bidder has any objection to the bid opening, he shall raise the objection at the bid opening site and the tenderee shall respond on the spot and make a record. Option B is wrong.

The bid opening is hosted by the tenderer and all bidders are invited to participate. Option C is wrong. 1 The tenderer shall open bids at the time and place specified in the bidding documents. Option D is correct.

20. Regarding the right to terminate in the contract, the correct statement is ().

A. The client may terminate the contract at any time, and if the contractor suffers losses, he shall compensate for the losses.

B. If the contractor hands over the contracted work to a third party, the contract shall be terminated. The author has the right to terminate the contract

C. If the orderer fails to perform his obligation to assist, the contractor may terminate the contract

D. The contractor may terminate the contract at any time, causing losses to the orderer , the loss should be compensated

Answer B

Analysis of option A is wrong: The client can terminate the contract at any time before the contractor completes the work. If the contractor suffers losses, he should compensate for the losses

Option B is correct: If the contractor entrusts the main work of the contract to a third party to complete, he shall be responsible to the ordering party for the results of the work completed by the third party; without the ordering party’s consent, The client can also terminate the contract.

Options C and D are incorrect: If the ordering party fails to perform its assistance obligations and the contract work cannot be completed, the contractor may urge the ordering party to perform its obligations within a reasonable period and may extend the performance period; the ordering party is overdue In case of failure to perform, the contractor may terminate the contract in accordance with the law.

21. According to the "Regulations on Standards for Bidding Scope and Scale of Engineering Construction Projects", all types of construction projects within the scope of bidding must meet one of the following standards and must be bid ().

A. The estimated value of a single contract for the purchase of important equipment is RMB 1.5 million

B. The estimated value of a single contract for the purchase of materials is RMB 2.5 million

C. The estimated price of a single construction contract is RMB 3 million

D. The estimated price of a single contract for supervision service procurement is RMB 600,000

?

Answer B

It takes more than 2 million to parse option A. Option C requires more than 4 million. Option D requires more than 1 million.

22. Regarding the form of the contract, the correct statement is ()

A. The contract must be in written form

B. The oral form is another form of contract

C. A contract that is not concluded in writing in accordance with the law is invalid

D. The contract can be in the form of a data message

Answer D

Analysis The parties may conclude a contract in written form, oral form or other forms. Option AB is wrong.

Laws and administrative regulations or the parties agree that a contract should be concluded in writing. If the parties do not use writing but one party has performed its main obligations and the other party accepts it, the contract is established. Option C is wrong.

Written form is a contract, letter, telegram, telex, fax, etc. that can tangibly express the content contained therein. Data messages that can tangibly express the content contained in electronic data interchange, email, etc. and can be retrieved at any time are deemed to be in written form. Option D is correct.

For multiple-choice questions, among the alternative answers to each question below, there are two or more correct answers that meet the meaning of the question, and at least one wrong answer. No points will be awarded for multiple choices or wrong choices. ;Select less, and each option selected will receive 0.5 points.

23 The basis for generating construction project debt is ().

A. Contract B. Tort C. Management without cause D. Unjust enrichment E Notarization

Answer AB.CD

Analyze the basis for the occurrence of construction project debt There is contract, tort, management without cause and unjust enrichment.

24. The following are intellectual property rights: ().

A. Patent right B. Trademark right C Invention right D. Copyright E. Property right

Answer A.B.CD

Analyze common intellectual property rights in construction projects Mainly patent rights, trademark rights, copyrights, invention rights and other scientific and technological achievements.

25. Under normal conditions, the correct statement about the statutory minimum warranty period for each guarantee item of a construction project is ().

A. Roof waterproofing project for 5 years

B Water supply and drainage pipes for 2 years

C. Heating and cooling system for 5 years

D. 50 years for infrastructure is the reasonable service life of the project

E. 2 years for equipment installation and decoration projects

Answers A, B, E

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Analysis

The minimum warranty period for construction projects is:

(1) Infrastructure projects, foundation projects and main structural projects of housing buildings are stipulated in the design documents The reasonable service life of the project:

(2) The roof waterproofing project, bathrooms, rooms and exterior walls with waterproofing requirements for leakage prevention are 5 years:

( 3) Heating and cooling system, 2 heating periods and 2 cooling periods

(4) Electrical pipelines, water supply and drainage pipes, equipment installation and decoration projects, 2 years.

The warranty period of other projects shall be agreed between the contracting party and the contractor

26 According to the "Regulations on Quality Management of Construction Projects", among the following subcontracting situations, the following are illegal subcontracting: ).

A. The general construction contractor does not perform its management obligations and only charges fees from subcontractors. The construction of the project is all implemented by subcontractors.

B. Without the approval of the construction unit, the construction general contractor Subcontracting labor operations to labor subcontracting enterprises with corresponding qualifications

C. Professional subcontracting units subcontract the labor operations part of professional projects contracted by them

D. The professional subcontracting unit subcontracts the project contracted by it to a professional contracting unit with corresponding qualifications

E. The professional operation contractor subcontracts the labor service contracted by it

Answer D.E

Analysis

Option A is illegal subcontracting.

Option B: If there is no subcontracting content specified in the general contract, the consent of the construction unit must be obtained in advance. However, the subcontracting of labor services shall be agreed between the labor service contractor and the labor service contractor through a labor service contract and may not be approved by the construction unit.

Option C: Professional engineering subcontracting units can subcontract labor services in their subcontracting projects to labor subcontracting enterprises.

Options D and E are illegal subcontracting.

27. The forms of Chinese law are ()

A. Customary law

B Jurisprudence

C Constitution

D Departmental Regulations

E International Treaties

Answer CD, E

Analysis

The form of our country’s law is the statutory form. Specifically, it can be divided into the following 7 categories:

(1) Constitution 2) Laws

(3) Administrative regulations

(4) Local regulations, autonomy regulations and Separate Regulations 5) Departmental Regulations

(6) Local Government Regulations

(7) International Treaties

28. In which of the following situations, workers do not need to be notified in advance? The employer may terminate the contract ()

A. The employer fails to pay labor remuneration in full and on time

B. The employer fails to pay social insurance premiums in accordance with the law

C The employer forces employees to work by means of violence

D. The employer forces employees to work by threatening or illegally restricting personal freedom

E The employer gives illegal instructions , forcing risky work that endangers the personal safety of workers

Answer CDE

Analysis

The employer forces labor by means of violence, threats or illegal restrictions on personal freedom If the employee works, or if the employer violates the rules and orders or forces risky work that endangers the personal safety of the employee, the employee can terminate the labor contract immediately without notifying the employer in advance.

AB option workers can terminate the labor contract by notifying the employer in writing 30 days in advance.

29. Among the following bidding behaviors, those that are fraudulent and deceptive to win the bid include ().

A. Use forged or altered license documents

B Provide false financial status or performance

C Provide false credit status

D Provide false resumes and labor relationship certificates of project leaders or key technical personnel

E Mixed bidding documents from different bidders

Answer A.B.CD

Analysis

If a bidder has any of the following circumstances, it is an act of fraud in other ways as stipulated in Article 33 of the "Tendering and Bidding Law":

(1) Use forged or altered licenses:

(2) Provide false financial status or performance;

(3) Provide false project leaders or key technologies Resumes and labor relationship certificates;

(4) Providing false credit status:

() Other acts of fraud.