QUESTIONS AND ANSWERS
Spearin Doctrine Defined - ANSWER-the implied warranty that the project owner,
often a governmental entity in public works, guarantees the accuracy of the provided
specifications.
Contract Law and Tort Law Difference - ANSWER-Tort law deals with civil wrongs
and harm caused to others, while contract law deals with legally binding agreements.
Elements of a Contract - ANSWER-Offer
Acceptance
Consideration
Meeting of the minds
Terms of the contract
Design-Bid-Build (D-B-B) - ANSWER-design team and a general contractor working
directly for the owner under separate contracts.
Design-Build (D-B) - ANSWER-the owner provides a contract to a single firm that
handles both the design and construction aspects of a project.
Construction Manager at Risk (CMAR) - ANSWER-The construction manager acts
as a representative for the owner during the design and construction phases, and the
CM takes on project risk
What is a contract? - ANSWER-a legally binding agreement
Lowest Responsive Responsible Bidder meaning - ANSWER-A bidder who is
capable of performing the contract requirements.
The lowest bidder must be both responsive and responsible to be considered for
award.
Three Project Award Methods Defined - ANSWER-1. Design/Bid/Build (DBB):
Traditional method where the contractor is selected through a bidding process.
2. Construction-Manager-at-Risk (CMaR): The contractor is selected based on their
ability to manage the project and meet the project schedule.
3. Design-Build (D-B): The contractor is selected based on their ability to both design
and construct the project12.
three conditions that must be met for bid withdrawal - ANSWER-Evident Mistake
Undue Hardship:
Timeliness:
3 parties to surety agreement - ANSWER-Owner (obligee)
Contractor (principal)