DBIA PRACTICE CORRECT ACTUAL QUESTIONS
AND ANSWERS RATED A+
✔✔external trends - ✔✔client driven scope changes, unanticipated or changes in site
conditions, industry standard changes, permitting process changes, unanticipated
regulatory constraints, owner or agency specified changes, review board impositions,
changes associated with financial, tax, or legal issues, and force majeure events
✔✔notice, estimate, register, log - ✔✔4 trend management tools
✔✔substantiation - ✔✔verification that the design complies with performance
requirements in the RFP; validating operation of project systems and achievement of
performance requirements
✔✔design commitment - ✔✔construction documents approved by the Designer of
Record for construction-validated to comply with RFP and codes; design component
priced and confirmed to be within budget; only then is work identified as ready for final
owner review (for compliance)
✔✔quality assurance - ✔✔verify conformance; provides confidence that project quality
requirements defined in the RFP will be fulfilled
✔✔quality control - ✔✔ensure baseline standards are met; actually fulfilling the project
quality requirements defined in the RFP
✔✔project closeout - ✔✔completion of the contract and related validation for owners
acceptance of the work; requires collaboration from parties tied to the contract; requires
collaboration from parties not contractually tied to the project
✔✔substantial completion - ✔✔when the owner may use or occupy the project or
designated portion of the project for the intended purpose; owner's acceptance and
occupancy
, ✔✔common law - ✔✔based on use of precedent; arbitration and mediation results don't
provide direct precedent
✔✔promissory estoppel (detrimental reliance) - ✔✔means of protecting a party who is
reliant on someone's actions; an equitable doctrine that prevents the withdrawal of a
promise by a promisor if it will adversely affect a promisee who has adjusted his or her
position in justifiable reliance on the promise
✔✔Expectation Damages - ✔✔award what was reasonably expected from the contract
✔✔recission damages - ✔✔when expectation damages are not available, award what
party would have had if contract had not existed
✔✔specific performance and injunctive relief - ✔✔if contract's subject is unique, a court
order may order that the breaching party perform its obligations under that contract
(specific performance) or stop doing something (injunction)
✔✔quantum meruit - ✔✔award of a reasonable sum of money (i.e. "what the claimant
deserved")
✔✔reasonable - ✔✔damages can be speculative and therefore must be proven to a
___________________ degree of certainty
✔✔Consequential Damages - ✔✔arise from the consequences of a breach; often "big"
damages that are hard to prove, difficult to manage or predict, and typically involve
damages to third parties; create substantial financial exposure if something goes wrong
✔✔direct damages - ✔✔damages that directly result from a breach; straightforward and
"hard" costs
✔✔tort law - ✔✔a legally created remedy for someone who has been wrongfully harmed
by another
✔✔Professional negligence - ✔✔failure of a person who has professional training to act
in a reasonable and prudent manner
✔✔betterment theory - ✔✔owner cannot be put in a better position than if the breach
hadn't occurred
✔✔Economic Loss Doctrine - ✔✔A common law rule holding that when an injury is
purely economic, and arises from a contract made between two businesses, the injured
party may only sue under a contractual claim (privity of contract)
AND ANSWERS RATED A+
✔✔external trends - ✔✔client driven scope changes, unanticipated or changes in site
conditions, industry standard changes, permitting process changes, unanticipated
regulatory constraints, owner or agency specified changes, review board impositions,
changes associated with financial, tax, or legal issues, and force majeure events
✔✔notice, estimate, register, log - ✔✔4 trend management tools
✔✔substantiation - ✔✔verification that the design complies with performance
requirements in the RFP; validating operation of project systems and achievement of
performance requirements
✔✔design commitment - ✔✔construction documents approved by the Designer of
Record for construction-validated to comply with RFP and codes; design component
priced and confirmed to be within budget; only then is work identified as ready for final
owner review (for compliance)
✔✔quality assurance - ✔✔verify conformance; provides confidence that project quality
requirements defined in the RFP will be fulfilled
✔✔quality control - ✔✔ensure baseline standards are met; actually fulfilling the project
quality requirements defined in the RFP
✔✔project closeout - ✔✔completion of the contract and related validation for owners
acceptance of the work; requires collaboration from parties tied to the contract; requires
collaboration from parties not contractually tied to the project
✔✔substantial completion - ✔✔when the owner may use or occupy the project or
designated portion of the project for the intended purpose; owner's acceptance and
occupancy
, ✔✔common law - ✔✔based on use of precedent; arbitration and mediation results don't
provide direct precedent
✔✔promissory estoppel (detrimental reliance) - ✔✔means of protecting a party who is
reliant on someone's actions; an equitable doctrine that prevents the withdrawal of a
promise by a promisor if it will adversely affect a promisee who has adjusted his or her
position in justifiable reliance on the promise
✔✔Expectation Damages - ✔✔award what was reasonably expected from the contract
✔✔recission damages - ✔✔when expectation damages are not available, award what
party would have had if contract had not existed
✔✔specific performance and injunctive relief - ✔✔if contract's subject is unique, a court
order may order that the breaching party perform its obligations under that contract
(specific performance) or stop doing something (injunction)
✔✔quantum meruit - ✔✔award of a reasonable sum of money (i.e. "what the claimant
deserved")
✔✔reasonable - ✔✔damages can be speculative and therefore must be proven to a
___________________ degree of certainty
✔✔Consequential Damages - ✔✔arise from the consequences of a breach; often "big"
damages that are hard to prove, difficult to manage or predict, and typically involve
damages to third parties; create substantial financial exposure if something goes wrong
✔✔direct damages - ✔✔damages that directly result from a breach; straightforward and
"hard" costs
✔✔tort law - ✔✔a legally created remedy for someone who has been wrongfully harmed
by another
✔✔Professional negligence - ✔✔failure of a person who has professional training to act
in a reasonable and prudent manner
✔✔betterment theory - ✔✔owner cannot be put in a better position than if the breach
hadn't occurred
✔✔Economic Loss Doctrine - ✔✔A common law rule holding that when an injury is
purely economic, and arises from a contract made between two businesses, the injured
party may only sue under a contractual claim (privity of contract)
