DBIA EXAM WITH 100% CORRECT
ANSWERS
DBIA Document 580 - Teaming Agreement - correct answers ✔✔Between Design-Builder and
teaming party
Components of Teaming Agreement - correct answers ✔✔qualifications, insurance, matrix of
responsibilities, confidentiality and exclusivity, payment of stipend/honoarrium
URS CORP v TRANSPO - does teaming agreement waiver survive if subcontract supersedes
teaming agreement? - correct answers ✔✔yes. subcontract was silent, waiver in prime flowed
down.
Common Procurement Challenges - correct answers ✔✔- conducting proprietary meetings
- handling alternative technical concepts
- evaluating non-price factors
- consideration of all proposal information
- use of work product fo unsuccessful proposers
Standard form contracts - correct answers ✔✔- reflect industry consensus on risk allocation
- predictable judicial interpretation
- convenient and cost effective
Current US Standard Form Contracts - correct answers ✔✔- DBIA (2010/2016)
- Consensus Docs (2016)
- AIA (2014)
,- EJDC (2016)
DBIA OWNER/DESIGN-BUILDER AGREEMENTS - correct answers ✔✔- 520 Preliminary
Agreement
- 525 Lump Sum
- 530 Cost Plus Fee with Option for GMP
- 535 General Conditions
- 545 Progressive Design-Build Contract for the Water/Wastewater Sector
Contracting Approaches - correct answers ✔✔- Lump Sum
- Cost Plus
- GMP
- Unit Prices
- Target Pricing
LUMP SUM (DBIA 525) - correct answers ✔✔- single price regardless of actual cost
- no meaningful opportunity for Owner to be involved in subcontractor procurement
- no transparency into lump sum price
- limited audit rights
- undisclosed contingencies
COST PLUS/GMP (DBIA 530) - correct answers ✔✔- compensation based on actual cost plus fee
up to GMP
- owner had broad audit rights
- owner has ability to be more involved ins subcontractor procurement
- most contingencies are transparent
- savings needs to be addressed
,- administratively more complex
GMP PROCESS ISSUES - correct answers ✔✔- Timing of the GMP
- Assumptions (schedule)
- Contingency
- Savings
- Line item guarantees; not contemplated, general conditions could be capped
Progressive Design-Build (PDB) - correct answers ✔✔- Design-builder retained by Owner early
in projects's life primarily, if not exclusively, on qualifications
- Final project cost and schedule commitment is not established as part of the selection process
- Two phases of work: preliminary services, & final design and construction, once the parties
have agreed on price and other commercial terms
- GMP contract is often used
PDB Process - correct answers ✔✔- Design-builder collaborates with Owner during Phase 1 to
create or confirm project's BOD
- Formal commercial proposal for Phase 2: "appropriate" level of definition often at 40-60%
design; dependent on amount of control Owner desires to maintain over design definition and
contingency
- Phase 2 initiated upon acceptance of commercial proposal
PDB Two-contract approach - correct answers ✔✔- parties first enter into a preliminary
agreement, such as DBIA 520 (Preliminary Agreement)
- if commercial proposal is accepted, parties then enter into a full design-build contract such as
DBIA 530 (Cost-plus with GMP)
PDB Single contract approach - correct answers ✔✔- parties enter into a full design-build
contract (DBIA 530) or for water/wastewater, DBIA 545
, - these contracts establish the GMP after contract award
Progressive Design-Build Issue - correct answers ✔✔Deciding what happens if relationship ends
and the "off-ramp" is exercised:
- owner's right to use work product
- owner's ability to use the designer without the builder
OWNER'S REVIEW OF DESIGN SUBMISSIONS
(DBIA 535) - correct answers ✔✔§2.4.1 On or about the time of the scheduled submissions,
Design-
Builder and Owner shall meet and confer about the submissions, withDesign-Builder identifying
during the meeting, among other things, the evolution of the design and any significant changes
or deviations that have taken place from previous design submissions.
§2.4.3 Neither Owner's review nor approval of any interim design
submissions, meeting minutes, and Construction Documents shall be
deemed to transfer any design liability from Design-Builder to Owner.
ADVANCETEC V WOHLSEN (2017) - correct answers ✔✔"Though Plaintiff may have made clear
that it 'intended that Wohlsen's rights to use the [IOS] would terminate if AdvanceTEC was not
selected as the subcontractor' and that it desired to retain the rights to the IOS until
construction was complete, the Court finds that there is nothing in the Executed LOI to
demonstrate that those intentions were ever
perfected in the resulting document."
DBIA Ownership of Work Product - correct answers ✔✔▪ Work Product is property of design-
builder
▪ Owner given limited license to use documents conditioned on
▪ Payment of monies due under agreement
▪ Indemnity to design-build team
ANSWERS
DBIA Document 580 - Teaming Agreement - correct answers ✔✔Between Design-Builder and
teaming party
Components of Teaming Agreement - correct answers ✔✔qualifications, insurance, matrix of
responsibilities, confidentiality and exclusivity, payment of stipend/honoarrium
URS CORP v TRANSPO - does teaming agreement waiver survive if subcontract supersedes
teaming agreement? - correct answers ✔✔yes. subcontract was silent, waiver in prime flowed
down.
Common Procurement Challenges - correct answers ✔✔- conducting proprietary meetings
- handling alternative technical concepts
- evaluating non-price factors
- consideration of all proposal information
- use of work product fo unsuccessful proposers
Standard form contracts - correct answers ✔✔- reflect industry consensus on risk allocation
- predictable judicial interpretation
- convenient and cost effective
Current US Standard Form Contracts - correct answers ✔✔- DBIA (2010/2016)
- Consensus Docs (2016)
- AIA (2014)
,- EJDC (2016)
DBIA OWNER/DESIGN-BUILDER AGREEMENTS - correct answers ✔✔- 520 Preliminary
Agreement
- 525 Lump Sum
- 530 Cost Plus Fee with Option for GMP
- 535 General Conditions
- 545 Progressive Design-Build Contract for the Water/Wastewater Sector
Contracting Approaches - correct answers ✔✔- Lump Sum
- Cost Plus
- GMP
- Unit Prices
- Target Pricing
LUMP SUM (DBIA 525) - correct answers ✔✔- single price regardless of actual cost
- no meaningful opportunity for Owner to be involved in subcontractor procurement
- no transparency into lump sum price
- limited audit rights
- undisclosed contingencies
COST PLUS/GMP (DBIA 530) - correct answers ✔✔- compensation based on actual cost plus fee
up to GMP
- owner had broad audit rights
- owner has ability to be more involved ins subcontractor procurement
- most contingencies are transparent
- savings needs to be addressed
,- administratively more complex
GMP PROCESS ISSUES - correct answers ✔✔- Timing of the GMP
- Assumptions (schedule)
- Contingency
- Savings
- Line item guarantees; not contemplated, general conditions could be capped
Progressive Design-Build (PDB) - correct answers ✔✔- Design-builder retained by Owner early
in projects's life primarily, if not exclusively, on qualifications
- Final project cost and schedule commitment is not established as part of the selection process
- Two phases of work: preliminary services, & final design and construction, once the parties
have agreed on price and other commercial terms
- GMP contract is often used
PDB Process - correct answers ✔✔- Design-builder collaborates with Owner during Phase 1 to
create or confirm project's BOD
- Formal commercial proposal for Phase 2: "appropriate" level of definition often at 40-60%
design; dependent on amount of control Owner desires to maintain over design definition and
contingency
- Phase 2 initiated upon acceptance of commercial proposal
PDB Two-contract approach - correct answers ✔✔- parties first enter into a preliminary
agreement, such as DBIA 520 (Preliminary Agreement)
- if commercial proposal is accepted, parties then enter into a full design-build contract such as
DBIA 530 (Cost-plus with GMP)
PDB Single contract approach - correct answers ✔✔- parties enter into a full design-build
contract (DBIA 530) or for water/wastewater, DBIA 545
, - these contracts establish the GMP after contract award
Progressive Design-Build Issue - correct answers ✔✔Deciding what happens if relationship ends
and the "off-ramp" is exercised:
- owner's right to use work product
- owner's ability to use the designer without the builder
OWNER'S REVIEW OF DESIGN SUBMISSIONS
(DBIA 535) - correct answers ✔✔§2.4.1 On or about the time of the scheduled submissions,
Design-
Builder and Owner shall meet and confer about the submissions, withDesign-Builder identifying
during the meeting, among other things, the evolution of the design and any significant changes
or deviations that have taken place from previous design submissions.
§2.4.3 Neither Owner's review nor approval of any interim design
submissions, meeting minutes, and Construction Documents shall be
deemed to transfer any design liability from Design-Builder to Owner.
ADVANCETEC V WOHLSEN (2017) - correct answers ✔✔"Though Plaintiff may have made clear
that it 'intended that Wohlsen's rights to use the [IOS] would terminate if AdvanceTEC was not
selected as the subcontractor' and that it desired to retain the rights to the IOS until
construction was complete, the Court finds that there is nothing in the Executed LOI to
demonstrate that those intentions were ever
perfected in the resulting document."
DBIA Ownership of Work Product - correct answers ✔✔▪ Work Product is property of design-
builder
▪ Owner given limited license to use documents conditioned on
▪ Payment of monies due under agreement
▪ Indemnity to design-build team
