3/30/25, 9:23 DBIA Flashcards |
AM
DBIA EXAM ACTUAL QUESTIONS AND ANSWERS WITH COMPLETE
SOLUTIONS VERIFIED GRADED A++
Terms in this set (175)
DBIA Document 580 - Teaming Between Design-Builder and teaming party
Agreement
qualifications, insurance, matrix of responsibilities, confidentiality and exclusivity,
Components of Teaming Agreement
payment of stipend/honoarrium
URS CORP v TRANSPO - does yes. subcontract was silent, waiver in prime flowed down.
teaming agreement waiver survive if
subcontract supersedes teaming
agreement?
- conducting proprietary meetings
- handling alternative technical concepts
Common Procurement Challenges - evaluating non-price factors
- consideration of all proposal information
- use of work product fo unsuccessful proposers
- reflect industry consensus on risk allocation
Standard form contracts - predictable judicial interpretation
- convenient and cost effective
- DBIA (2010/2016)
- Consensus Docs (2016)
Current US Standard Form Contracts
- AIA (2014)
- EJDC (2016)
- 520 Preliminary Agreement
- 525 Lump Sum
DBIA OWNER/DESIGN-BUILDER
- 530 Cost Plus Fee with Option for GMP
AGREEMENTS
- 535 General Conditions
- 545 Progressive Design-Build Contract for the Water/Wastewater Sector
- Lump Sum
- Cost Plus
Contracting Approaches - GMP
- Unit Prices
- Target Pricing
- single price regardless of actual cost
- no meaningful opportunity for Owner to be involved in subcontractor
procurement
LUMP SUM (DBIA 525)
- no transparency into lump sum price
- limited audit rights
- undisclosed contingencies
- compensation based on actual cost plus fee up to GMP
- owner had broad audit rights
- owner has ability to be more involved ins subcontractor procurement
COST PLUS/GMP (DBIA 530)
- most contingencies are transparent
- savings needs to be addressed
- administratively more complex
- Timing of the GMP
- Assumptions (schedule)
GMP PROCESS ISSUES - Contingency
- Savings
- Line item guarantees; not contemplated, general conditions could be capped
1/
9
, 3/30/25, 9:23 DBIA Flashcards |
AM
- Design-builder retained by Owner early in projects's life primarily, if
not exclusively, on qualifications
- Final project cost and schedule commitment is not established as part of
Progressive Design-Build (PDB) the selection process
- Two phases of work: preliminary services, & final design and construction,
once the parties have agreed on price and other commercial terms
- GMP contract is often used
- Design-builder collaborates with Owner during Phase 1 to create or confirm
project's BOD
- Formal commercial proposal for Phase 2: "appropriate" level of definition
PDB Process
often at 40-60% design; dependent on amount of control Owner desires to
maintain over design definition and contingency
- Phase 2 initiated upon acceptance of commercial proposal
- parties first enter into a preliminary agreement, such as DBIA 520 (Preliminary
Agreement)
PDB Two-contract approach
- if commercial proposal is accepted, parties then enter into a full design-build
contract such as DBIA 530 (Cost-plus with GMP)
- parties enter into a full design-build contract (DBIA 530) or for
PDB Single contract approach water/wastewater, DBIA 545
- these contracts establish the GMP after contract award
Deciding what happens if relationship ends and the "off-ramp" is exercised:
Progressive Design-Build Issue - owner's right to use work product
- owner's ability to use the designer without the builder
§2.4.1 On or about the time of the scheduled submissions, Design-
Builder and Owner shall meet and confer about the submissions, withDesign-
Builder identifying during the meeting, among other things, the evolution of the
OWNER'S REVIEW OF DESIGN
design and any significant changes or deviations that have taken place from
SUBMISSIONS
previous design submissions.
(DBIA 535)
§2.4.3 Neither Owner's review nor approval of any interim design
submissions, meeting minutes, and Construction Documents shall be
deemed to transfer any design liability from Design-Builder to Owner.
"Though Plaintiff may have made clear that it 'intended that Wohlsen's rights to
use the [IOS] would terminate if AdvanceTEC was not selected as the
subcontractor' and that it desired to retain the rights to the IOS until construction
ADVANCETEC V WOHLSEN (2017)
was complete, the Court finds that there is nothing in the Executed LOI to
demonstrate that those intentions were ever
perfected in the resulting document."
▪ Work Product is property of design-builder
▪ Owner given limited license to use documents conditioned on
▪ Payment of monies due under agreement
▪ Indemnity to design-build team
▪ No indemnity if design-builder in default
DBIA Ownership of Work Product ▪ Agreed-upon premium to design-builder if:
▪ Preliminary agreement does not result in contract
▪ Owner terminates for convenience
▪ Parties can agree that Owner will have greater property rights
▪ Unique architectural and other design elements and specifications
▪ Full ownership of everything
2/
9
AM
DBIA EXAM ACTUAL QUESTIONS AND ANSWERS WITH COMPLETE
SOLUTIONS VERIFIED GRADED A++
Terms in this set (175)
DBIA Document 580 - Teaming Between Design-Builder and teaming party
Agreement
qualifications, insurance, matrix of responsibilities, confidentiality and exclusivity,
Components of Teaming Agreement
payment of stipend/honoarrium
URS CORP v TRANSPO - does yes. subcontract was silent, waiver in prime flowed down.
teaming agreement waiver survive if
subcontract supersedes teaming
agreement?
- conducting proprietary meetings
- handling alternative technical concepts
Common Procurement Challenges - evaluating non-price factors
- consideration of all proposal information
- use of work product fo unsuccessful proposers
- reflect industry consensus on risk allocation
Standard form contracts - predictable judicial interpretation
- convenient and cost effective
- DBIA (2010/2016)
- Consensus Docs (2016)
Current US Standard Form Contracts
- AIA (2014)
- EJDC (2016)
- 520 Preliminary Agreement
- 525 Lump Sum
DBIA OWNER/DESIGN-BUILDER
- 530 Cost Plus Fee with Option for GMP
AGREEMENTS
- 535 General Conditions
- 545 Progressive Design-Build Contract for the Water/Wastewater Sector
- Lump Sum
- Cost Plus
Contracting Approaches - GMP
- Unit Prices
- Target Pricing
- single price regardless of actual cost
- no meaningful opportunity for Owner to be involved in subcontractor
procurement
LUMP SUM (DBIA 525)
- no transparency into lump sum price
- limited audit rights
- undisclosed contingencies
- compensation based on actual cost plus fee up to GMP
- owner had broad audit rights
- owner has ability to be more involved ins subcontractor procurement
COST PLUS/GMP (DBIA 530)
- most contingencies are transparent
- savings needs to be addressed
- administratively more complex
- Timing of the GMP
- Assumptions (schedule)
GMP PROCESS ISSUES - Contingency
- Savings
- Line item guarantees; not contemplated, general conditions could be capped
1/
9
, 3/30/25, 9:23 DBIA Flashcards |
AM
- Design-builder retained by Owner early in projects's life primarily, if
not exclusively, on qualifications
- Final project cost and schedule commitment is not established as part of
Progressive Design-Build (PDB) the selection process
- Two phases of work: preliminary services, & final design and construction,
once the parties have agreed on price and other commercial terms
- GMP contract is often used
- Design-builder collaborates with Owner during Phase 1 to create or confirm
project's BOD
- Formal commercial proposal for Phase 2: "appropriate" level of definition
PDB Process
often at 40-60% design; dependent on amount of control Owner desires to
maintain over design definition and contingency
- Phase 2 initiated upon acceptance of commercial proposal
- parties first enter into a preliminary agreement, such as DBIA 520 (Preliminary
Agreement)
PDB Two-contract approach
- if commercial proposal is accepted, parties then enter into a full design-build
contract such as DBIA 530 (Cost-plus with GMP)
- parties enter into a full design-build contract (DBIA 530) or for
PDB Single contract approach water/wastewater, DBIA 545
- these contracts establish the GMP after contract award
Deciding what happens if relationship ends and the "off-ramp" is exercised:
Progressive Design-Build Issue - owner's right to use work product
- owner's ability to use the designer without the builder
§2.4.1 On or about the time of the scheduled submissions, Design-
Builder and Owner shall meet and confer about the submissions, withDesign-
Builder identifying during the meeting, among other things, the evolution of the
OWNER'S REVIEW OF DESIGN
design and any significant changes or deviations that have taken place from
SUBMISSIONS
previous design submissions.
(DBIA 535)
§2.4.3 Neither Owner's review nor approval of any interim design
submissions, meeting minutes, and Construction Documents shall be
deemed to transfer any design liability from Design-Builder to Owner.
"Though Plaintiff may have made clear that it 'intended that Wohlsen's rights to
use the [IOS] would terminate if AdvanceTEC was not selected as the
subcontractor' and that it desired to retain the rights to the IOS until construction
ADVANCETEC V WOHLSEN (2017)
was complete, the Court finds that there is nothing in the Executed LOI to
demonstrate that those intentions were ever
perfected in the resulting document."
▪ Work Product is property of design-builder
▪ Owner given limited license to use documents conditioned on
▪ Payment of monies due under agreement
▪ Indemnity to design-build team
▪ No indemnity if design-builder in default
DBIA Ownership of Work Product ▪ Agreed-upon premium to design-builder if:
▪ Preliminary agreement does not result in contract
▪ Owner terminates for convenience
▪ Parties can agree that Owner will have greater property rights
▪ Unique architectural and other design elements and specifications
▪ Full ownership of everything
2/
9
