DBIA EXAM NEWEST 2024 ACTUAL EXAM COMPLETE 172 QUESTIONS &CORRECT DETAILED ANSWERS.GRADE A, Exams of Construction management

Download DBIA EXAM NEWEST 2024 ACTUAL EXAM COMPLETE 172 QUESTIONS &CORRECT DETAILED ANSWERS.GRADE A and more Exams Construction management in PDF only on Docsity!

DBIA EXAM NEWEST 2024 ACTUAL EXAM

COMPLETE 172 QUESTIONS & CORRECT

DETAILED ANSWERS. GRADED A

_____ _____ _____ Documents set forth the documents that, if changed, would allow for a change order. - ANSBasis of Design _____ _____ _____ mandates that certain types of contracts be written. - ANSStatute of Frauds _____ _____ _____: defines who is responsible for what portion of the deliverables for the RFQ/RFP. - ANSMatrix of Responsibilities _____ _____ _____: Modifies a mandatory RFP requirement. - ANSAlternative Technical Concepts _____ _____ _____: Subsurface or physical conditions at the site that differ materially from those indicated in the CD - ANSDiffering 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. - ANSDiffering 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. - ANSTeaming Agreements _____ _____ are Payment and performance bonds requires for public works contracts - ANSSurety Bonds _____ _____ contracts satisfy many of the goals behind DB best practices. - ANSStandard Form

_____ _____ Insurance: First-party coverage against physical damage to project during construction. - ANSBuilder's Risk _____ _____ Insurance: Risk of liability due to injuries to workers. Each state has different statutes. - ANSWorker's Compensation _____ _____ Insurance: Risk of liability to Owner from employee injuries caused by occupational diseases. - ANSEmployer's Liability _____ _____ Insurance: Risk of liability to third parties for BI/PD caused by vehicle accidents in connection with the project. - ANSAuto Liability _____ _____ risk is one of the major risks on projects. - ANSSite Condition _____ ______ & _____ _____: 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). - ANSSpecific Performance & Injunctive Relief _____ ______ contracting rule makes it very difficult to create an Oral contract. - ANSPublic Sector _____ _____: Any party entering into a lower tier or subcontracting agreement with Design- Builder. - ANSTeaming Party

_____ _____: Award of a reasonable sum of money (i.e., "what the claimant deserved") - ANSQuantum Meruit _____ _____: Means of protecting a party who is reliant on someone's actions. - ANSPromissory Estoppel _____ _____: Provides the following implied warranties-- Plans and specs furnished are accurate and are suitable for intended purpose. - ANSSpearin Doctrine _____ _____: When expectation damages not available, award what party would have had if contract had not existed. - ANSRescission Damages _____ Agreement: The subcontractor that the parties will enter into if Design- Builder wins the procurement. - ANSSubsequent _____ and _____ contracts are fundamental to any delivery process. - ANS- Fair

• Clear _____ Application: Owner needs to pay once for items negligently omitted. - ANSPractical _____ bond is for benefit of Owner if Contractor defaults. - ANSPerformance _____ bond is for benefit of subcontractors and suppliers - ANSPayment

_____ clauses frequently get in the way of efficient implementation of the DSC remedy. - ANSExculpatory _____ clauses often used to deal with the liability ramifications. - ANSIndemnity _____ Damages create substantial financial exposure if something goes wrong. - ANSConsequential _____ Damages: Award what was reasonably expected from the contract. - ANSExpectation _____ for Teaming Agreement: parties must have the insurance required for the Subsequent Agreement in place. - ANSInsurance _____ Law is based on the use of precedent. - ANSCommon _____ Liability Insurance is also known as Errors and Omissions Insurance. - ANSProfessional _____ Meetings are recognized as a way for both parties to benefit from the DB process. - ANSProprietary _____ Specification: Owner dictates exactly how an element is to be designed and constructed. - ANSPrescriptive _____ Specification: Owner only provides the requirement(s) for the end result of an element that will be designed by others. - ANSPerformance

______ _____: Owner causes performance of 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 of certainty. - ANSreasonable DB process does not preclude changes True or False? - ANSTrue DBIA Document _____: Standard form of Teaming Agreement between Design- builder and Teaming Party. - ANS DBIA forms contain an exclusion for design services. True or false? - ANSFalse DO NOT

Deciding what happens if the relationship ends and the "off-ramp" is exercised is the most important issue in _____ contracts. - ANSPDB Design-Build Done Right is the _____ of every DBIA certification course! - ANScore Designers are by their nature _____ averse. - ANSrisk Direct Damages or Consequential Damages? "Cost or repair the damage to the project." - ANSDirect Damages Direct Damages or Consequential Damages? "Damages to customers." - ANSConsequential Damages Direct Damages or Consequential Damages? "Loss of rental income from tenants." - ANSConsequential Damages Direct Damages or Consequential Damages? "Lost Profit on the project" - ANSDirect Damages Direct Damages or Consequential Damages?

"Lost profits on other projects" - ANSConsequential Damages Direct Damages or Consequential Damages? "Rental of temporary generator to meet power needs on project" - ANSDirect Damages Direct Damages or Consequential Damages? "Rental of temporary generator to provide power for the Owner to meet its customer's needs." - ANSConsequential Damages Disincentives are enforceable only if they meet _____ damage prerequisites. - ANSLiquidated During the proposal phase, the design-builder should use written _____ _____ with each team member to develop and capture an understanding of their relationship and key commercial aspects of their relationship. - ANSteaming agreements Element of Constructive Acceleration: _____ actually accelerates its performance, thereby incurring excess costs. - ANSContractor

Element of Constructive Acceleration: Contractor gives Owner _____ _____ of the delay and a proper request for a time extension. - ANStimely notice Element of Constructive Acceleration: Contractor is entitled to a(n) _____ delay. - ANSexcusable Element of Constructive Acceleration: Order by _____ that the project be completed within its original performance period. - ANSOwner Element of Constructive Acceleration: Time extension _____ or _____. - ANS- postponed

• refused Even if professional negligence is proven, damages recoverable are impacted by the _____ _____. - ANSBetterment Theory Expert testimony is needed to prove the Standard of Care "_____" - ANSbaseline

Full knowledge of all site conditions is never known. True or False? - ANSTrue 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. - 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. - ANSDesigner(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. - ANSTeam members

The contract should reflect that Designer-of-Record is regularly and actively involved throughout the project's _____. - ANSexecution The contracts between the _____ _____ and _____ _____ should address the _____ aspects of the DB process. - ANS- Design-Builder

• Team Members
• unique The design-builder and its designer(s) should develop a(n) _____, at the outset of their relationship, of the key _____ aspects of their relationship. - ANS- understanding
• commercial The Economic Loss Doctrine is applicable to personal injury. True or False. - ANSFalse The key concern with proprietary meetings is how to run the meetings ensuring _____. - ANSfairness The response to an RFP is an example of a(n) _____. - ANSOffer The Spearin Doctrine is judicially recognized at both state and federal level. True or False? - ANSTrue

This chapter has ___ Best Practices and ___ Implementing Techniques. - ANS- 3

• 18 What 2 things can nullify an offer? - ANS1. Varying/additional terms

2. Counteroffers What 3 categories are the Best Practices organized into? - ANS1. Procurement
3. Contracting
4. Execution What are 2 common examples of Promissory Estoppel? - ANS1. Subcontractor bids
5. Teaming relationships What are 2 examples of an unenforceable contract that is contrary to public policy? - ANS- Duress

• Misrepresentation and Fraud What are 2 examples of privity of contract needed to sue a party for economic losses? - ANS1. delay damages

2. Cost to correct defects What are 3 remedies if the Design-Builder fails to meet performance requirements? - ANS1. Actual Damages

2. Liquidated Damages
3. "Make good" What are the 2 contract approaches in PDB? - ANS1. Single contract approach
4. Two-contract approach What are the 2 methods in which trade subcontractors be procured? - ANS1. Best Value
5. Low Bid What are the 4 current US Standard Form DB Contracts? - ANS1. DBIA
6. Consensus Docs
7. AIA
8. EJCDC What are the 4 types of law? - ANS1. Contract Law
9. Tort Law
10. Statutes and regulations
11. Common Law What are the 5 requirements for a valid contract? - ANS1. Offer
12. Acceptance
13. Consideration

4. Capacity
5. Authority What case is this?

• Design-Builder terminated for default when it could not obtain a bond.
• Owner claims rebid and delay cost.
• Used PDB two-contract approach. - ANSWallkill Medical V. Sweet Constructors (2008) What case is this?
• Failure of sign structures to meet contract requirements.
• deals with teaming agreement problem. - ANSURS Corporation V. Transpo (2015) 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. - 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?