What 3 categories are the Best Practices organized into? - ANSWER: 1. Procurement
2. Contracting
3. 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
_____. - ANSWER: - probability
- compromised
- disappointed.
_____ and _____ contracts are fundamental to any delivery process. - ANSWER: -
Fair
- Clear
Contracting principles apply to contracts of those working within the _____ _____ -
ANSWER: DB Team
This chapter has ___ Best Practices and ___ Implementing Techniques. - ANSWER: - 3
- 18
Contracts used on DB projects should be _____, _____, and _____ and should
promote the _____ aspects inherent in the DB process. - 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. -
ANSWER: - Owner
- Design-Builder
- unique
The contracts between the _____ _____ and _____ _____ should address the _____
aspects of the DB process. - ANSWER: - Design-Builder
- Team Members
- unique
Design-Build Done Right is the _____ of every DBIA certification course! - ANSWER:
core
What are the 4 types of law? - ANSWER: 1. Contract Law
2. Tort Law
3. Statutes and regulations
, 4. Common Law
_____ Law is based on the use of precedent. - ANSWER: Common
Arbitration and mediation results don't provide direct _____. - ANSWER: precedent
_____: a party offers to contract with one another. - ANSWER: Offer
_____: a party accepts the other party's offer. - ANSWER: Acceptance
_____: value exchanged for performance. - ANSWER: Consideration
_____: the party making the contract must be legally able to do so - ANSWER:
Capacity
_____: the individual forming the contract must have authority to do so - ANSWER:
Authority
What are the 5 requirements for a valid contract? - ANSWER: 1. Offer
2. Acceptance
3. Consideration
4. Capacity
5. Authority
Offers must demonstrate an expression of _____ to contract on certain terms. -
ANSWER: willingness
The response to an RFP is an example of a(n) _____. - ANSWER: Offer
What 2 things can nullify an offer? - ANSWER: 1. Varying/additional terms
2. Counteroffers
Oral contracts can be valid.
True or False? - ANSWER: True
Oral contracts can be valid on what 2 requirements? - ANSWER: 1. Material terms of
contract are clearly established.
2. Parties demonstrate intention to be bound by those material terms
_____ ______ contracting rule makes it very difficult to create an Oral contract. -
ANSWER: Public Sector
_____ _____ _____ mandates that certain types of contracts be written. - ANSWER:
Statute of Frauds