DBIA - Contracts and Risk Management Final Questions and Answers 2025

DBIA - Contracts and Risk Management Final Questions and Answers 2025 Betterment Theory - CORRECT ANSWER-Owner cannot be put in a better position than if the breach hadn't occurred. Consequential Damages Section 10.5.1, DBIA Document 535 - CORRECT ANSWER-"Not withstanding anything herein to the contrary (except as set forth in section 10.5.2 below), neither Design-Builder nor Owner shall be liable to the other for any consequential losses or damages, whether arising in contract, warranty, tort (including negligence), strict liability or otherwise, including but not limited to losses of use, profits, business, reputation or financing." Constructive Changes - CORRECT ANSWER-Owner causes performance of work beyond scope of contract but does not recognize contractor's entitlement to a change order. •Defective specifications (Spearin) •Disputes over contract interpretation •Superior knowledge •Breach of implied duties of good faith, fair dealing, and cooperation •Constructive acceleration Course of Conduct - CORRECT ANSWER-what the parties do during the performance of other similar contracts