What 3 categories are the Best Practices organized into? - CORRECT
ANSWERS-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 _____. - CORRECT ANSWERS-- probability
- compromised
- disappointed.
______: The act of accepting claims on behalf of another entity. - CORRECT
ANSWERS-Indemnification
The contract should reflect that Designer-of-Record is regularly and actively
involved throughout the project's _____. - CORRECT ANSWERS-execution
Work Product is property of the _____ _____. - CORRECT ANSWERS-Design-
Builder
Contracts should contain a _____ process that facilitates and expedites the
review and resolution of potential changes to the contract and adjustments
in the contract price and time. - CORRECT ANSWERS-fair
DB process does not preclude changes
True or False? - CORRECT ANSWERS-True
an Implementing technique for Execution recommends the Design-Builder
and its team to establish and maintain a _____ system. - CORRECT ANSWERS-
trend
Disincentives are enforceable only if they meet _____ damage prerequisites. -
CORRECT ANSWERS-Liquidated
Legal sufficiency for Liquidated Damages: must be a reasonable measure of
damages in light of circumstances after the time of the contracting
,True or False? - CORRECT ANSWERS-False
AT the time of the contracting
_____ and _____ contracts are fundamental to any delivery process. -
CORRECT ANSWERS-- Fair
- Clear
Contracting principles apply to contracts of those working within the _____
_____ - CORRECT ANSWERS-DB Team
This chapter has ___ Best Practices and ___ Implementing Techniques. -
CORRECT ANSWERS-- 3
- 18
Contracts used on DB projects should be _____, _____, and _____ and should
promote the _____ aspects inherent in the DB process. - CORRECT
ANSWERS-- 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. - CORRECT ANSWERS-- Owner
- Design-Builder
- unique
The contracts between the _____ _____ and _____ _____ should address the
_____ aspects of the DB process. - CORRECT ANSWERS-- Design-Builder
- Team Members
- unique
Design-Build Done Right is the _____ of every DBIA certification course! -
CORRECT ANSWERS-core
What are the 4 types of law? - CORRECT ANSWERS-1. Contract Law
2. Tort Law
3. Statutes and regulations
4. Common Law
_____ Law is based on the use of precedent. - CORRECT ANSWERS-Common
, Arbitration and mediation results don't provide direct _____. - CORRECT
ANSWERS-precedent
_____: a party offers to contract with one another. - CORRECT ANSWERS-Offer
_____: a party accepts the other party's offer. - CORRECT ANSWERS-
Acceptance
_____: value exchanged for performance. - CORRECT ANSWERS-Consideration
_____: the party making the contract must be legally able to do so - CORRECT
ANSWERS-Capacity
_____: the individual forming the contract must have authority to do so -
CORRECT ANSWERS-Authority
What are the 5 requirements for a valid contract? - CORRECT ANSWERS-1.
Offer
2. Acceptance
3. Consideration
4. Capacity
5. Authority
Offers must demonstrate an expression of _____ to contract on certain terms.
- CORRECT ANSWERS-willingness
The response to an RFP is an example of a(n) _____. - CORRECT ANSWERS-
Offer
What 2 things can nullify an offer? - CORRECT ANSWERS-1.
Varying/additional terms
2. Counteroffers
Oral contracts can be valid.
True or False? - CORRECT ANSWERS-True
Oral contracts can be valid on what 2 requirements? - CORRECT ANSWERS-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.
- CORRECT ANSWERS-Public Sector
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