The Brooks Act Requires federal agencies to award projects to architecture and engineering firms
based on qualifications-based selection processes.
Brooks Act (1972) requires that qualifications based selection be used to purchase architecture and
engineering services
price negotiations are not a consideration in the selection process
The Brooks Act/QBS (Qualifications-Based Selection) Was Establish in 1972
Brooks Act The Brooks Act is also known as the Selection of Architects and Engineers statute.
It is a United States federal law passed in 1972 that requires that the federal
government to select firms based upon their competency, qualifications, and
experience rather than by price.
Code of Hammurabi the set of laws drawn up by Babylonian king Hammurabi dating to the 18th century
BC, the earliest legal code known in its entirety
Code of Hammurabi A collection of 282 laws. One of the first (but not THE first) examples of written law
in the ancient world.
Code of Hammurabi a written code of rules that guided the ancient society of Babylon; dates back to
1772 B.C.
Spearin Doctrine The concept that if a Constructor relied upon the documents supplied by the Owner,
the Constructor cannot be held responsible for design errors
Spearin Doctrine A 1918 court decision stating that a contractor is entitled to rely on the construction
documents provided by the owner to be sufficient for their intended purpose and is
not responsible for the consequences of defects in the contract documents.
Spearin Gap In a design-bid-build project, it is the liability is carried by the owner. The gap is the
difference between defect-free documents and the standard of care. This essentially
means that there will be unavoidable issues that arise in construction that are not
the architect's fault or the contractor's fault, thereby falling upon the owner
Spearin Gap The Spearin Gap is named for a Supreme Court case which held that the architect's
prepared contract drawings carry with them an implicit warranty against defects.
However, the architect's standard contract, such as the B101, states only that
architects will uphold the standard of care in their practice, not that they will provide
work totally free of defects. Therefore, the space between an architect upholding the
standard of care, but not providing drawings totally free of errors or defects,
constitutes the "Spearin Gap," a place where the owner is at risk for unforseen risks
and costs.
Delivery Methodoligies Include Design-Bid-Build, Multi-Prime, Construction Manager at Risk, and Design
Build
Design Build The owner contracts with one entity (a person or firm) to provide both design and
construction services, that entity then subcontracts portions of the work to others as
needed
, DBIA Design Build Professional Exam
design build A project delivery method in which there is only one contract between the owner
and a design-build entity. The design-builder is responsible for both the design and
the construction of the project. This method is often referred to as single-source
project delivery.
design build an approach to building large structures where the role of architect and general
contractor are merged into one
design build a method of project delivery in which one contract is forged with between the Owner
and the Design-Builder integrating design/engineering/construction AND the key
trade partners during the proposal phase.
Design-Build Project Term used by construction companies which means the same thing as a turnkey
solution
Design/Build process Owner issues RFP outlining design and performance requirements
Proposals provide basic design, fee for design development, and cost for
construction
Also possible to hire architect to create schematic concept for the RFP
Design-Build (DB) Delivery method whereby the owner contacts with a single entitiy
Construction and Design phases are overlapping
Design-Build (DB)
Project Timeline Phases in order !) Pre-Design 2) Schematic Design 3) Design Development 4) Construction
Documentation 5) Procurement 6) Construction Administration 7) Operation
A traditional design process typically has the most impact Design Development (DD), Construction Documentation (CD) and Procurement
to cost savings during what phase?
A design-build process typically has the most impact to Pre-Design, Schematic Design (SD), and Design Development (DD)
cost savings during what phase?
Construction Process functions in what kind of process? Sequential
Design Process functions in what kind of process? Iterative
3 synergistic elements of design-build teaming Source Selection, Requirements, and Contract incentives
Contract Incentives 1) Focuses on non-cost performance 2) incentive pay outs