DBIA Project Delivery Method Selection 5

Question 1

Which legal framework issue most commonly affects public owners' ability to use design-build delivery?

Accepted Answer

Many states require enabling legislation before public agencies can procure design-build contracts

Answer

Most states require specific statutory authority before public agencies can deviate from the traditional low-bid design-bid-build process and use design-build.

Question 2

An owner is considering design-build but is concerned about losing competitive pricing on subcontracted work. Which contract provision best addresses this concern?

Accepted Answer

Requiring the design-builder to bid all subcontracts publicly and share bid results with the owner

Answer

Open-book subcontract bidding requirements give the owner visibility into how the design-builder procures work, maintaining price competition at the subcontract level.

Question 3

How does the selection of design-build affect the owner's exposure to the Spearin doctrine compared to design-bid-build?

Accepted Answer

In design-build, the Spearin doctrine typically does not apply because the design-builder owns the design, not the owner

Answer

The Spearin doctrine holds owners responsible for defective owner-furnished plans; in design-build the design-builder creates the plans, so this implied warranty shifts away from the owner.

Question 4

Which scenario best illustrates a situation where a public owner should NOT use design-build?

Accepted Answer

The owner needs to make numerous design changes throughout construction due to evolving operational needs

Answer

Frequent owner-driven design changes during construction are costly under design-build because each change requires renegotiating with the single design-build entity.

Question 5

What is the significance of 'price to be determined later' in a progressive design-build contract?

Accepted Answer

The owner and design-builder agree on GMP or fixed price only after design reaches sufficient definition, reducing pricing risk for both parties

Answer

Progressive design-build defers final pricing until enough design detail exists to price accurately, reducing the risk premiums that design-builders add when pricing with incomplete information.

DBIA - Design-Build Institute of America Certification Practice Test

DBIA - Design-Build Institute of America Certification Practice Test

DBIA Project Delivery Method Selection 5