DBIA Dispute Resolution and Claims Management 5

Question 1

Under DBIA principles, 'changed conditions' and 'changed scope' are distinct because:

Accepted Answer

Changed conditions arise from unforeseen physical circumstances, while changed scope results from owner-directed modifications

Answer

Changed conditions relate to unexpected physical site conditions, while changed scope involves owner-initiated modifications to the project's agreed work.

Question 2

A design-builder wishes to dispute an owner's unilateral deduction from a progress payment. The most appropriate initial contractual remedy is typically:

Accepted Answer

Issuing a written dispute notice and following the contract's dispute resolution ladder

Answer

Most DBIA contracts require a step-by-step dispute resolution process beginning with written notice before escalating to mediation or arbitration.

Question 3

The 'concurrent delay' doctrine is relevant in design-build disputes because:

Accepted Answer

When both parties contribute to a delay simultaneously, neither can recover delay damages from the other

Answer

Under the concurrent delay doctrine, if both the owner and design-builder cause delays occurring simultaneously, neither party can recover delay-related damages from the other.

Question 4

In a mini-trial used to resolve a design-build dispute, the distinguishing feature compared to full arbitration is:

Accepted Answer

Senior executives of both parties hear condensed presentations and attempt a negotiated settlement

Answer

A mini-trial brings senior decision-makers together to hear abbreviated arguments, creating a realistic settlement opportunity by exposing each side's case to their own leadership.

Question 5

Which scheduling analysis technique is considered the gold standard for proving compensable delay in U.S. design-build disputes?

Accepted Answer

Time impact analysis (TIA) using contemporaneous updates

Answer

Time Impact Analysis (TIA) uses contemporaneous schedule updates to model the specific impact of each delay event on the critical path, making it the most widely accepted method.

DBIA - Design-Build Institute of America Certification Practice Test

DBIA - Design-Build Institute of America Certification Practice Test

DBIA Dispute Resolution and Claims Management 5