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What 3 categories are the Best Practices organized into?
1. Procurement
2. Contracting
3. Execution
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.
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.
What are the 4 types of law?
1. Contract Law
2. Tort Law
3. Statutes and regulations
4. Common Law
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
_____ and _____ contracts are fundamental to any delivery process.
- Fair
- Clear
Contracting principles apply to contracts of those working within the _____ _____
DB Team
, _____ _____ _____: what the parties do during the performance of this contract.
a.) Course of Performance
b.) Course of Conduct
c.) Terms of Art
a.) Course of Performance
_____ _____ _____: what the parties do during the performance of other similar
contracts.
a.) Course of Performance
b.) Course of Conduct
c.) Terms of Art
b.) Course of Conduct
_____ _____ _____: the use of a word in a specific industry.
a.) Course of Performance
b.) Course of Conduct
c.) Terms of Art
c.) Terms of Art
What case is this?
- Party sues for lost profits ($3-4 million)
- 5th Circuit found material facts in dispute that allowed party to maintain a
promissory estoppel theory.
Metroplex core V. Parsons Transportation Group (2014)
_____ Damages: Award what was reasonably expected from the contract.
Expectation
_____ _____: When expectation damages not available, award what party would
have had if contract had not existed.
Rescission Damages
This chapter has ___ Best Practices and ___ Implementing Techniques.
-3
- 18
Contracts used on DB projects should be _____, _____, and _____ and should
promote the _____ aspects inherent in the DB process.
- fair
- balanced
- clear
- collaborative