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DBIA EXAM 3 NEWEST EXAM | QUESTIONS AND
CORRECT ANSWERS | GRADED A+ | VERIFIED
ANSWERS | JUST RELEASED (LATEST
VERSION)
Which of the following terms may be found contrary to public policy? a.) Indemnity b.) Limitations of Liability c.) Advanced waivers of lien rights. d.) No damages for delay. e.) All of the above. ---------CORRECT ANSWER-----------------e.) All of the above. _____ _____: Means of protecting a party who is reliant on someone's actions. ---------CORRECT ANSWER-----------------Promissory Estoppel What are 2 common examples of Promissory Estoppel? ---------CORRECT ANSWER-----------------1. Subcontractor bids
- Teaming relationships What case is this?
- Party sues for lost profits ($3-4 million)
- 5th Circuit found material facts in dispute that allowed party to maintain a promissory estoppel theory. ---------CORRECT ANSWER----------------- Metroplexcore V. Parsons Transportation Group (2014)
_____ Damages: Award what was reasonably expected from the contract. - --------CORRECT ANSWER-----------------Expectation _____ _____: When expectation damages not available, award what party would have had if contract had not existed. ---------CORRECT ANSWER---- -------------Rescission Damages _____ ______ & _____ _____: If contract's subject is unique, a court may order that the breaching party perform its obligations under that contract (specific performance) or stop doing something (injunction). --------- CORRECT ANSWER-----------------Specific Performance & Injunctive Relief _____ _____: Award of a reasonable sum of money (i.e., "what the claimant deserved") ---------CORRECT ANSWER-----------------Quantum Meruit Damages cannot be speculative, and must be proven to a _____ degree of certainty. ---------CORRECT ANSWER-----------------reasonable The contract may NOT impose limitations on what can be claimed. True or False? ---------CORRECT ANSWER-----------------False
- Liquidated damages.
- Limitations of liability.
- Improper default terminations.
- No damages for delay.
- Waivers of consequential damages.
Direct Damages or Consequential Damages? "Rental of temporary generator to meet power needs on project" --------- CORRECT ANSWER-----------------Direct Damages The _____ assumes risk of non-negligent design defects when it has separate contracts with the builder and designer. ---------CORRECT ANSWER-----------------Owner _____ _____: Provides the following implied warranties-- Plans and specs furnished are accurate and are suitable for intended purpose. --------- CORRECT ANSWER-----------------Spearin Doctrine The Spearin Doctrine is judicially recognized at both state and federal level. True or False? ---------CORRECT ANSWER-----------------True What case is this?
- State argued that Spearin did not apply to CMAR Contract.
- Appellate court found that Spearin did apply to CMAR. ---------CORRECT ANSWER-----------------Coughlin Electrical Contractors V. Gilbane (2015) ______ _____: Owner causes performance of work beyond scope of contract but does not recognize contractor's entitlement to a change order. ---------CORRECT ANSWER-----------------Constructive Changes
Owner causes performance of work beyond _____ _____ _____ but does not recognize contractor's entitlement to a change order. ---------CORRECT ANSWER-----------------Scope of Contract Which Constructive Changes Step is this? "Contractor has time or cost impact for something it did not anticipate." ----- ----CORRECT ANSWER-----------------Step 1 Which Constructive Changes Step is this? "Files request for change order." ---------CORRECT ANSWER----------------- Step 2 Which Constructive Changes Step is this? "Request is denied by owner." ---------CORRECT ANSWER----------------- Step 3 Which Constructive Changes Step is this? "Contractor follows process in Changes Clause to submit its claim for relief." ---------CORRECT ANSWER-----------------Step 4
- defective specifications (Spearin).
- Disputes over contract interpretation.
- Superior knowledge.
- Breach of implied duties of good faith, fair dealing, and cooperation.
- Constructive acceleration.
_____ _____ _____: the use of a word in a specific industry. a.) Course of Performance b.) Course of Conduct c.) Terms of Art ---------CORRECT ANSWER-----------------c.) Terms of Art
- Failing to manage multiple prime contractors.
- Overzealous inspections.
- Using undue leverage in a negotiation position. These are examples of breaches of _____ _____. ---------CORRECT ANSWER-----------------Implied Duties _____ _____ risk is one of the major risks on projects. ---------CORRECT ANSWER-----------------Site Condition Full knowledge of all site conditions is never known. True or False? ---------CORRECT ANSWER-----------------True Owners generally bear this risk of unforeseen site conditions through a(n) _____ ______ _____ clause. ---------CORRECT ANSWER----------------- Differing Site Conditions _____ _____ _____: Subsurface or physical conditions at the site that differ materially from those indicated in the CD ---------CORRECT ANSWER------- ----------Differing Site Conditions
_____ _____ _____: Unknown physical conditions at the site, of an unusual nature that differ materially from those ordinarily encountered and generally recognized as inhering in the work of the character provided for in the contract. ---------CORRECT ANSWER-----------------Differing Site Conditions _____ clauses frequently get in the way of efficient implementation of the DSC remedy. ---------CORRECT ANSWER-----------------Exculpatory Element of Constructive Acceleration: Contractor is entitled to a(n) _____ delay. ---------CORRECT ANSWER------ -----------excusable Element of Constructive Acceleration: Contractor gives Owner _____ _____ of the delay and a proper request for a time extension. ---------CORRECT ANSWER-----------------timely notice Element of Constructive Acceleration: Time extension _____ or _____. ---------CORRECT ANSWER------------------ postponed
- refused Element of Constructive Acceleration:
- Designer Which case is this?
- $48 million DB housing project at Marine Corps base.
- Differing site condition claims.
- Breach of good faith and fair dealing. ---------CORRECT ANSWER---------- -------Metcalf Construction V. USA (2014) Owners should perform appropriate _____-_____ tasks. ---------CORRECT ANSWER-----------------front-end _____ Specification: Owner dictates exactly how an element is to be designed and constructed. ---------CORRECT ANSWER----------------- Prescriptive _____ Specification: Owner only provides the requirement(s) for the end result of an element that will be designed by others. ---------CORRECT ANSWER-----------------Performance If the design-builder is expected to meet performance guarantees, the contract should clearly identify _____, and the guarantees should be capable of being _____ and reasonably _____ by a design-builder performing its work in a commercially reasonable fashion. --------- CORRECT ANSWER------------------ guarantees
- measured
- achievable
What are 3 remedies if the Design-Builder fails to meet performance requirements? ---------CORRECT ANSWER-----------------1. Actual Damages
- Liquidated Damages
- "Make good" Commercial impracticability is accepted by all courts as a defense. True or False? ---------CORRECT ANSWER-----------------False "rejected by some courts" The contract should clearly define the role of the _____ _____ _____ and how it/they will communicate with the Owner. ---------CORRECT ANSWER- ----------------Designer(s)-of-Record The contract should ensure that there is a clear understanding as to how the _____ _____ will communicate with each other and the Owner, including meetings that each party is expected to attend. ---------CORRECT ANSWER-----------------Team members _____ _____ are agreements that address business pursuits. --------- CORRECT ANSWER-----------------Teaming Agreements Best practices mandate that teaming agreements must be used. True or False? ---------CORRECT ANSWER-----------------True
______ for Teaming Agreement: every party must ensure that they have the requisite qualifications and personnel to perform the Work. --------- CORRECT ANSWER-----------------Qualifications What 3 categories are the Best Practices organized into? --------- CORRECT ANSWER-----------------1. Procurement
- Contracting
- Execution If these Best Practices are NOT implemented, there is an increased _____ that the project's performance will be _____ and that some or all of the stakeholders will be _____. ---------CORRECT ANSWER------------------ probability
- compromised
- disappointed. _____ and _____ contracts are fundamental to any delivery process. --------
- CORRECT ANSWER------------------ Fair
- Clear Contracting principles apply to contracts of those working within the _____ _____ ---------CORRECT ANSWER-----------------DB Team This chapter has ___ Best Practices and ___ Implementing Techniques. --- ------CORRECT ANSWER------------------ 3
- 18
Contracts used on DB projects should be _____, _____, and _____ and should promote the _____ aspects inherent in the DB process. --------- CORRECT ANSWER------------------ fair
- balanced
- clear
- collaborative The contract between the _____ and the ______ _____ should address the _____ aspects of the DB process, including expected standards of care for design services. ---------CORRECT ANSWER------------------ Owner
- Design-Builder
- unique The contracts between the _____ _____ and _____ _____ should address the _____ aspects of the DB process. ---------CORRECT ANSWER----------- ------- Design-Builder
- Team Members
- unique Design-Build Done Right is the _____ of every DBIA certification course! --- ------CORRECT ANSWER-----------------core What are the 4 types of law? ---------CORRECT ANSWER-----------------1. Contract Law
- Tort Law
- Statutes and regulations
- Common Law _____ Law is based on the use of precedent. ---------CORRECT ANSWER- ----------------Common
Offers must demonstrate an expression of _____ to contract on certain terms. ---------CORRECT ANSWER-----------------willingness The response to an RFP is an example of a(n) _____. ---------CORRECT ANSWER-----------------Offer What 2 things can nullify an offer? ---------CORRECT ANSWER----------------
- Counteroffers Oral contracts can be valid. True or False? ---------CORRECT ANSWER-----------------True Oral contracts can be valid on what 2 requirements? ---------CORRECT ANSWER-----------------1. Material terms of contract are clearly established.
- Parties demonstrate intention to be bound by those material terms _____ ______ contracting rule makes it very difficult to create an Oral contract. ---------CORRECT ANSWER-----------------Public Sector _____ _____ _____ mandates that certain types of contracts be written. ---- -----CORRECT ANSWER-----------------Statute of Frauds
What is an example of a contract that the Statute of Frauds mandates to be written? ---------CORRECT ANSWER-----------------contracts that are impossible to complete within one year "Where a contract does not fix a definite price, there must be a definite method for _____ it." ---------CORRECT ANSWER-----------------ascertaining What case is this?
- NAVFAC project.
- Party's $5.2 million price used by other party in bid, but the project is awarded to other.
- Statute of Frauds found applicable. ---------CORRECT ANSWER------------- ----Trident V. Austin (2003) Contracts created by conduct that is contrary to public sector are _____. enforceable or unenforceable? ---------CORRECT ANSWER----------------- unenforceable What are 2 examples of an unenforceable contract that is contrary to public policy? ---------CORRECT ANSWER------------------ Duress
- Misrepresentation and Fraud Direct Damages or Consequential Damages? "Lost profits on other projects" ---------CORRECT ANSWER----------------- Consequential Damages
Ordinary _____ _____ _____: Exercise of that skill and judgement which can reasonably be expected from similarly situated professionals. --------- CORRECT ANSWER-----------------Standard of Care Expert testimony is needed to prove the Standard of Care "_____" --------- CORRECT ANSWER-----------------baseline What are 2 examples of privity of contract needed to sue a party for economic losses? ---------CORRECT ANSWER-----------------1. delay damages
- Cost to correct defects Application is determined on a state-by-state basis (not valid in all states) True or False? ---------CORRECT ANSWER-----------------True The Economic Loss Doctrine is applicable to personal injury. True or False. ---------CORRECT ANSWER-----------------False The _____ has a professional standard of care. ---------CORRECT ANSWER-----------------Designer The _____ has the duty to build what is in the plans and specs. --------- CORRECT ANSWER-----------------Builder
_____ for Teaming Agreement: parties must have the insurance required for the Subsequent Agreement in place. ---------CORRECT ANSWER-------- ---------Insurance _____ _____ _____: defines who is responsible for what portion of the deliverables for the RFQ/RFP. ---------CORRECT ANSWER----------------- Matrix of Responsibilities Compensation for subsequent agreements can be any form of compensation including fixed sum, cost plus, hourly rates, etc. True or False? ---------CORRECT ANSWER-----------------True What case is this?
- Failure of sign structures to meet contract requirements.
- deals with teaming agreement problem. ---------CORRECT ANSWER------- ----------URS Corporation V. Transpo (2015) The key concern with proprietary meetings is how to run the meetings ensuring _____. ---------CORRECT ANSWER-----------------fairness _____ Meetings are recognized as a way for both parties to benefit from the DB process. ---------CORRECT ANSWER-----------------Proprietary
