DBIA Unofficial Practice Questions II

Again, I don't know what's on the test, but these are my own practice questions prepared for myself.

Question	Answer
What is the Liability Gap?	The owner is liable for what is built by the prescribed plans (strict liability) and ends up paying for design defects (professional negligence).
What is the Spearin Doctrine?	Owner is responsible for defective plans given to the contractor.
Why is the Spearin Doctrine flawed?	There is no liability for poor performance by the contractor or the designer.
What is the advantage of Design-build delivery method?	The design-builder is the single point of responsibility
How does Design-build differ from Integrated Project Delivery (IPD)?	The degree of owner involvement, Public projects can't usually be used IPD.
How does Design-build differ from CM at Risk?	The CM does not take full responsibility of the design
What is a Joint Venture?	A fiduciary partnership to share losses and profits equally.
What is a Limited Liability Corporation (LLC)?	A fiduciary partnership to manage by members, and avoid double taxation.
What is a Teaming Agreement?	An agreement between the design-build team, assignment of responsibility, contingency, and shared costs.
What must be agreed after potential work?	Key post-award obligation of parties, termination of relation, confidentiality and exclusivity.
What is important from the Mortenson case?	It is the corollary to the Spearin Doctrine. Contractor should get paid for work performed, and bidders can't be expected to perform a site investigation
What happened in Donahue Electric?	Specified equipment was not compatible, owner had to pay for the change.
When is there a potential Conflict of Interest in project delivery?	A contractor assists in preparing work statement for competitively acquiring a system or service

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