DBIA EXAM NEWEST 2024 ACTUAL EXAM COMPLETE 172 QUESTION
AND CORRECT DETAILED ANSWERS (VERIFIED ANSWERS)
1. What 3 categories are the Best Practices organized into?: 1. Procurement
2. Contracting
3. Execution
2. 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.
3. _____ and _____ contracts are fundamental to any delivery process.: - Fair
– Clear
4. Contracting principles apply to contracts of those working within the
_____
_____: DB Team
5. This chapter has ___ Best Practices and ___ Implementing Techniques.: -
3
- 18
6. Contracts used on DB projects should be _____, _____, and _____
and should promote the _____ aspects inherent in the DB process.: - fair
- balanced
- clear
- collaborative
7. 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
8. The contracts between the _____ _____ and _____ _____ should address
the _____ aspects of the DB process.: - Design-Builder
- Team Members
- unique
9. Design-Build Done Right is the _____ of every DBIA certification course!:
core
10. What are the 4 types of law?: 1. Contract Law
2. Tort Law
3. Statutes and regulations
4. Common Law
11. _____ Law is based on the use of precedent.: Common
12. Arbitration and mediation results don't provide direct _____.: precedent
13. _____: a party offers to contract with one another.: Offer
14. _____: a party accepts the other party's offer.: Acceptance
15. _____: value exchanged for performance.: Consideration
16. _____: the party making the contract must be legally able to do so:
Capacity
17. _____: the individual forming the contract must have authority to do so:
Authority
18. What are the 5 requirements for a valid contract?: 1. Offer
2. Acceptance
3. Consideration
4. Capacity
5. Authority
19. Offers must demonstrate an expression of _____ to contract on certain
terms.: willingness
20. The response to an RFP is an example of a(n) _____.: Offer
21. What 2 things can nullify an offer?: 1. Varying/additional terms
2. Counteroffers
22. Oral contracts can be valid.
, True or False?: True
23. 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
24. _____ ______ contracting rule makes it very difficult to create an Oral
contract.: Public Sector
25. _____ _____ _____ mandates that certain types of contracts be written.:
Statute of Frauds
26. What is an example of a contract that the Statute of Frauds mandates to
be written?: contracts that are impossible to complete within one year
27. "Where a contract does not fix a definite price, there must be a definite
method for _____ it.": ascertaining 28. 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.: Trident V. Austin (2003)
29. Contracts created by conduct that is contrary to public sector are _____.
enforceable or unenforceable?: unenforceable
30. What are 2 examples of an unenforceable contract that is contrary to
public policy?: - Duress
- Misrepresentation and Fraud
31. 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.: e.) All of the above.
32. _____ _____: Means of protecting a party who is reliant on someone's
actions.: Promissory Estoppel
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