Florida Contractor Practice Exam

Which of the following is not considered an implied term of a construction contract?

1. Payment will be made at the conclusion of the work

2. All lien rights may be waived in advance

3. Contractor's final affidavit must be furnished before payment

4. No party will interfere with others' performance

The correct answer is: All lien rights may be waived in advance

In a construction contract, terms can either be expressed directly within the agreement or implied based on common practices within the industry or legal standards. Implied terms are understood to be part of the contract even if they are not specifically stated. The selection that is identified as not considered an implied term is based on the nature of lien rights. Waiving all lien rights in advance is not typically assumed within construction contracts because lien rights are legal protections afforded to contractors and subcontractors that ensure they can receive payment for their services. Therefore, such a waiver requires a clear, explicit agreement between the parties involved and is not something that can be implied or assumed. On the other hand, payment being made at the conclusion of the work, the furnishing of a contractor's final affidavit before payment, and ensuring that no party interferes with the performance of others are understood as industry norms and practices, thus falling under implied terms. These aspects are generally included in construction contracts to ensure clarity and to provide a standard framework for the obligations and rights of the parties.