DBIA EXAM 3 LATEST 2024-2025 ACTUAL EXAM 200 QUESTIONS & CORRECT DETAILED ANSWER. GRADEA+, Exams of Business Systems

Download DBIA EXAM 3 LATEST 2024-2025 ACTUAL EXAM 200 QUESTIONS & CORRECT DETAILED ANSWER. GRADEA+ and more Exams Business Systems in PDF only on Docsity! DBIA EXAM 3 LATEST 2024-2025 ACTUAL EXAM 200 QUESTIONS AND CORRECT DETAILED ANSWERS WITH RATIONALES (VERIFIED ANSWERS). ALREADY GRADED A+ _____ _____ _____ Documents set forth the documents that, if changed, would allow for a change order. - Ans Basis of Design _____ _____ _____ mandates that certain types of contracts be written. - Ans Statute of Frauds _____ _____ _____: defines who is responsible for what portion of the deliverables for the RFQ/RFP. - Ans Matrix of Responsibilities _____ _____ _____: Modifies a mandatory RFP requirement. - Ans Alternative Technical Concepts _____ _____ _____: Subsurface or physical conditions at the site that differ materially from those indicated in the CD - Ans Differing Site Conditions _____ _____ _____: the use of a word in a specific industry. a.) Course of Performance b.) Course of Conduct c.) Terms of Art - ANSc.) Terms of Art _____ _____ _____: 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. - Ans Differing Site Conditions _____ _____ _____: what the parties do during the performance of other similar contracts. a. ) Course of Performance B. ) Course of Conduct c.) Terms of Art - ANSb.) Course of Conduct _____ _____ _____: what the parties do during the performance of this contract. a. ) Course of Performance b.) Course of Conduct c.) Terms of Art - ANSa.) Course of Performance _____ _____ are agreements that address business pursuits. - Ans Teaming Agreements _____ _____ are Payment and performance bonds requires for public works contracts - Ans Surety Bonds _____ _____ contracts satisfy many of the goals behind DB best practices. - Ans Standard Form _____ _____ Insurance: First-party coverage against physical damage to project during construction. - Ans Builder's Risk _____ _____ Insurance: Risk of liability due to injuries to workers. Each state has different statutes. - Ans Worker's Compensation work beyond scope of contract but does not recognize contractor's entitlement to a change order. - ANSConstructive Changes ______ Damages: Arise from the consequences of a breach. - ANSConsequential ______ for Teaming Agreement: every party must ensure that they have the requisite qualifications and personnel to perform the Work. - ANSQualifications ______: The act of accepting claims on behalf of another entity. - ANSIndemnification _____-_____: Prime contracting party with Owner. - ANSDesign-Builder _____: a party accepts the other party's offer. - ANSAcceptance _____: a party offers to contract with one another. - ANSOffer _____: the individual forming the contract must have authority to do so - ANSAuthority _____: the party making the contract must be legally able to do so - ANSCapacity _____: value exchanged for performance. - ANSConsideration - defective specifications (Spearin). - Disputes over contract interpretation. - Superior knowledge. - Breach of implied duties of good faith, fair dealing, and cooperation. - Constructive acceleration. These are all types of _____ ______ - ANSConstructive Changes - Failing to manage multiple prime contractors. - Overzealous inspections. - Using undue leverage in a negotiation position. These are examples of breaches of _____ _____. - ANSImplied Duties - Liquidated damages. - Limitations of liability. - Improper default terminations. - No damages for delay. - Waivers of consequential damages. These are all examples of Contractual _____. - ANSLimitations - Timing - Assumptions (particularly schedule) - Contingency - Savings - Line item guarantees These are all issues for which contract? - ANSGMP "Where a contract does not fix a definite price, there must be a definite method for _____ it." - ANSascertaining A contract's structure is based on how the _____ is paid. - ANSContractor A contract's structure is based on how the contractor is _____. - ANSpaid Agencies have great discretion in running their _____. - ANSprocurements an Implementing technique for Execution recommends the Design-Builder and its team to establish and maintain a _____ system. - ANStrend Application is determined on a state-by-state basis (not valid in all states) True or False? - ANSTrue Arbitration and mediation results don't provide direct _____. - ANSprecedent Best practices mandate that teaming agreements must be used. True or False? - ANSTrue Builder's Risk Insurance can be obtained by which two parties? - ANSOwner or Design-Builder Commercial impracticability is accepted by all courts as a defense. True or False? - ANSFalse "rejected by some courts" Compensation for subsequent agreements can be any form of compensation including fixed sum, cost plus, hourly rates, etc. True or False? - ANSTrue Consequential Damages are distinct from "_____" Damages. - ANSDirect Consequential Damages demonstrates the importance of Contractual ______. - ANSWaivers Contracting parties should proactively and cooperatively identify significant project-specific _____ and clearly identify in the contract how such _____ will be handled. - ANS- risks - risks Contracting principles apply to contracts of those working within the _____ _____ - ANSDB Team contractors want benefits of balanced contacts _____, but use of the "hammer" to shift substantial risk _____. - ANS- upstream - downstream Contracts created by conduct that is contrary to public sector are _____. enforceable or unenforceable? - ANSunenforceable Contracts should contain a _____ process that facilitates and expedites the review and resolution of potential changes to the contract and adjustments in the contract price and time. - ANSfair Contracts should reasonably allocate _____ to the party that is best capable of addressing and mitigating the _____. - ANS- risks - risk Contracts should use language that is _____ to those personnel who are administering the project. - ANSunderstandable Contracts used on DB projects should be _____, _____, and _____ and should promote the _____ aspects inherent in the DB process. - ANS- fair - balanced - clear - collaborative Contracts used on DB projects should be _____, balanced and clear and should promote the _____ aspects inherent in the DB Process. - ANS- fair - collaborative Damages cannot be speculative, and must be proven to a _____ degree ANS- guarantees - measured - achievable If there is nothing that confers rights on the Owner to use the work product, the Owner's use can be a(n) _____ violation. - ANScopyright 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 _____. - ANS- probability - compromised - disappointed. In DB, the _____ and _____ are in a direct contractual relationship. - ANS- Contractor - Designer In DB, the _____ is removed from the design and construction interface. - ANSOwner In the PBD Process, Phase 2 is initiated up acceptance of the _____ _____. - ANScommercial proposal In the PDB Process, The Design-Builder collaborates with the Owner during Phase ___ to create or confirm project's basis of design. - ANSPhase 1 Injunction and Infringement action are two remedies for _____ _____ rights. - ANSIntellectual Property Issue with _____ _____ and partnerships: Claimant can pursue each party for _____% of the liability for acts of the joint venture, regardless of which party created the problem. - ANS- Joint Venture - 100% Issue with Joint Venture: Responsibility of _____ to sort out the respective proportions of liability. - ANSdefendants Legal sufficiency for Liquidated Damages: must be a reasonable measure of damages in light of circumstances after the time of the contracting True or False? - ANSFalse AT the time of the contracting Limitations of liability can impact recovery. True or False? - ANSTrue Lump Sum or Cost Plus/GMP? - Administratively more complex - ANSCost Plus/GMP Lump Sum or Cost Plus/GMP? - limited audit rights and undisclosed contingencies. - ANSLump Sum Lump Sum or Cost Plus/GMP? - Most contingencies are transparent - ANSCost Plus/GMP Lump Sum or Cost Plus/GMP? - no meaningful opportunity for Owner to be involved in subcontractor procurement. - ANSLump Sum Lump Sum or Cost Plus/GMP? - no transparency into price - ANSLump Sum Lump Sum or Cost Plus/GMP? - Owner has ability to be more involved in subcontractor procurement. - ANSCost Plus/GMP Lump Sum or Cost Plus/GMP? - Owner has broad audit rights - ANSCost Plus/GMP Lump Sum or Cost Plus/GMP? - Savings needs to be addressed. - ANSCost Plus/GMP Lump Sum or Cost Plus/GMP? - single price regardless of actual cost - ANSLump Sum Offers must demonstrate an expression of _____ to contract on certain terms. - ANSwillingness Oral contracts can be valid on what 2 requirements? - ANS1. Material terms of contract are clearly established. 2. Parties demonstrate intention to be bound by those material terms Oral contracts can be valid. True or False? - ANSTrue Ordinary _____ _____ _____: Exercise of that skill and judgement which can reasonably be expected from similarly situated professionals. - ANSStandard of Care Owner causes performance of work beyond _____ _____ _____ but does not recognize contractor's entitlement to a change order. - ANSScope of Contract Owners generally bear this risk of unforeseen site conditions through a(n) _____ ______ _____ clause. - ANSDiffering Site Conditions Owners should perform appropriate _____-_____ tasks. - ANSfront-end Resolution in disputes over contract interpretation typically involves looking at the requirement through the eyes of a(n) _____ _____. - ANSreasonable bidder. Technical requirements are written perfectly and can be subject to different meanings to different people. True or False? - ANSFalse "never written perfectly" The _____ assumes risk of non-negligent design defects when it has separate contracts with the builder and designer. - ANSOwner The _____ has a professional standard of care. - ANSDesigner The _____ has the duty to build what is in the plans and specs. - ANSBuilder The "Appropriate" level of definition for Phase 2 in PDB is often ___% - ___% design completion. - ANS40% - 60% The contract between the _____ and the ______ _____ should address the _____ aspects of the DB process, including expected standards of care for design services. - ANS- Owner - Design-Builder - unique The contract may NOT impose limitations on what can be claimed. True or False? - ANSFalse The contract should clearly define the role of the _____ _____ _____ and how it/they will communicate with the Owner. - found applicable. - ANSTrident V. Austin (2003) What case is this? - Owner terminates Architect - New Architect uses original work product - Owner and follow-on architect liable for copyright infringement. - ANSJohnson V. Jones (1996) 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. - ANSMetroplexcore V. Parsons Transportation Group (2014) What case is this? - State argued that Spearin did not apply to CMAR Contract. - Appellate court found that Spearin did apply to CMAR. - ANSCoughlin Electrical Contractors V. Gilbane (2015) What is an example of a contract that the Statute of Frauds mandates to be written? - ANScontracts that are impossible to complete within one year Which case is this? - $48 million DB housing project at Marine Corps base. - Differing site condition claims. - Breach of good faith and fair dealing. - ANSMetcalf Construction V. USA (2014) Which Constructive Changes Step is this? "Contractor follows process in Changes Clause to submit its claim for relief." - ANSStep 4 Which Constructive Changes Step is this? "Contractor has time or cost impact for something it did not anticipate." - ANSStep 1 Which Constructive Changes Step is this? "Files request for change order." - ANSStep 2 Which Constructive Changes Step is this? "Request is denied by owner." - ANSStep 3 Which contract is most often used in Progressive DB? - ANSGMP 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. - ANSe.) All of the above. Who obtains professional liability insurance? - ANSA/E Work Product is property of the _____ _____. - ANSDesign-Builder