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