DBIA EXAM 3 QUESTIONS WITH CORRECT ANSWERS
/. 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
/.What is an example of a contract that the Statute of Frauds mandates to be written? -
Answer-✅contracts that are impossible to complete within one year
/."Where a contract does not fix a definite price, there must be a definite method for
_____ it." - Answer-✅ascertaining
/.What case is this?
- NAVFAC project.
- Party's $5.2 million price used by other party in bid, but the project is awarded to other.
- Statute of Frauds found applicable. - Answer-✅Trident V. Austin (2003)
/.Contracts created by conduct that is contrary to public sector are _____.
enforceable or unenforceable? - Answer-✅unenforceable
/.What are 2 examples of an unenforceable contract that is contrary to public policy? -
Answer-✅- Duress
- Misrepresentation and Fraud
/.Which of the following terms may be found contrary to public policy?
a.) Indemnity
b.) Limitations of Liability
c.) Advanced waivers of lien rights.
d.) No damages for delay.
e.) All of the above. - Answer-✅e.) All of the above.
/._____ _____: Means of protecting a party who is reliant on someone's actions. -
Answer-✅Promissory Estoppel
/.What are 2 common examples of Promissory Estoppel? - Answer-✅1. Subcontractor
bids
2. Teaming relationships
/.What case is this?
/. 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
/.What is an example of a contract that the Statute of Frauds mandates to be written? -
Answer-✅contracts that are impossible to complete within one year
/."Where a contract does not fix a definite price, there must be a definite method for
_____ it." - Answer-✅ascertaining
/.What case is this?
- NAVFAC project.
- Party's $5.2 million price used by other party in bid, but the project is awarded to other.
- Statute of Frauds found applicable. - Answer-✅Trident V. Austin (2003)
/.Contracts created by conduct that is contrary to public sector are _____.
enforceable or unenforceable? - Answer-✅unenforceable
/.What are 2 examples of an unenforceable contract that is contrary to public policy? -
Answer-✅- Duress
- Misrepresentation and Fraud
/.Which of the following terms may be found contrary to public policy?
a.) Indemnity
b.) Limitations of Liability
c.) Advanced waivers of lien rights.
d.) No damages for delay.
e.) All of the above. - Answer-✅e.) All of the above.
/._____ _____: Means of protecting a party who is reliant on someone's actions. -
Answer-✅Promissory Estoppel
/.What are 2 common examples of Promissory Estoppel? - Answer-✅1. Subcontractor
bids
2. Teaming relationships
/.What case is this?
