DBIA Contracts & Risk Management Exam Latest 2026 Updated
Questions and Verified 100% Solutions (2026/2027) Grade: A+|Status:
Guaranteed Pass| on Promissory Estoppel, Damages, Constructive
Changes, Differing Site Conditions & Legal Doctrines
Key Principles of Contract Damages - Answers -Damages cannot be speculative, and must be
proven to a "reasonable" degree of certainty.
Quantum Meruit - Answers -Award of a reasonable sum of money (i.e., "what the claimant
deserved")
Consequential Damages Section 10.5.1, DBIA Document 535 - Answers -"Not withstanding
anything herein to the contrary (except as set forth in section 10.5.2 below), neither Design-
Builder nor Owner shall be liable to the other for any consequential losses or damages, whether
arising in contract, warranty, tort (including negligence), strict liability or otherwise, including
but not limited to losses of use, profits, business, reputation or financing."
Betterment Theory - Answers -Owner cannot be put in a better position than if the breach
hadn't occurred.
Liability Issues - Answers --Defective plans and specs (Spearin)
-Constructive changes
-Differing site conditions
-Schedule-related issues
1|Page
, -Joint and several liability
Constructive Changes - Answers -Owner causes performance of work beyond scope of contract
but does not recognize contractor's entitlement to a change order.
▪Defective specifications (Spearin)
▪Disputes over contract interpretation
▪Superior knowledge
▪Breach of implied duties of good faith, fair dealing, and cooperation
▪Constructive acceleration
Course of Performance - Answers -what the parties do during the performance of this contract
Course of Conduct - Answers -what the parties do during the performance of other similar
contracts
Terms of Art - Answers -the use of a word in a specific industry
Superior Knowledge - Answers -Government must disclose otherwise unavailable information
that is vital to contract performance.
Ex. the gov knows a process is proprietary and does not disclose it
Ex. the gov does not disclose geotech info in their possession
2|Page
Questions and Verified 100% Solutions (2026/2027) Grade: A+|Status:
Guaranteed Pass| on Promissory Estoppel, Damages, Constructive
Changes, Differing Site Conditions & Legal Doctrines
Key Principles of Contract Damages - Answers -Damages cannot be speculative, and must be
proven to a "reasonable" degree of certainty.
Quantum Meruit - Answers -Award of a reasonable sum of money (i.e., "what the claimant
deserved")
Consequential Damages Section 10.5.1, DBIA Document 535 - Answers -"Not withstanding
anything herein to the contrary (except as set forth in section 10.5.2 below), neither Design-
Builder nor Owner shall be liable to the other for any consequential losses or damages, whether
arising in contract, warranty, tort (including negligence), strict liability or otherwise, including
but not limited to losses of use, profits, business, reputation or financing."
Betterment Theory - Answers -Owner cannot be put in a better position than if the breach
hadn't occurred.
Liability Issues - Answers --Defective plans and specs (Spearin)
-Constructive changes
-Differing site conditions
-Schedule-related issues
1|Page
, -Joint and several liability
Constructive Changes - Answers -Owner causes performance of work beyond scope of contract
but does not recognize contractor's entitlement to a change order.
▪Defective specifications (Spearin)
▪Disputes over contract interpretation
▪Superior knowledge
▪Breach of implied duties of good faith, fair dealing, and cooperation
▪Constructive acceleration
Course of Performance - Answers -what the parties do during the performance of this contract
Course of Conduct - Answers -what the parties do during the performance of other similar
contracts
Terms of Art - Answers -the use of a word in a specific industry
Superior Knowledge - Answers -Government must disclose otherwise unavailable information
that is vital to contract performance.
Ex. the gov knows a process is proprietary and does not disclose it
Ex. the gov does not disclose geotech info in their possession
2|Page
