Woolpert Risk Awareness Program - Module 4

1. True or false? Internal emails from employee to employee are always confidential.

True

False

2. True or false? Project emails marked confidential sent between staff are not discoverable in the event of a claim.

True

False

Project related emails are discoverable. The only exception is emails protected under the attorney client privilege. However, please note that just copying legal counsel on emails sent internally does not necessarily make the email protected.

Explanation

Project related emails are discoverable. The only exception is emails protected under the attorney client privilege. However, please note that just copying legal counsel on emails sent internally does not necessarily make the email protected.

3. True or false? As long as Woolpert has a design professional licensed to do work in a specific state, the company itself does not have to be registered to do business there.

True

False

4. Good scopes help Woolpert:

Avoid and defend third-party lawsuits

Prevent “scope-creep”

Help the client set reasonable expectations

All of the above

None of the above

5. True or false? As long as you understand your scope, it doesn’t have to be clear to anyone else.

True

False

6. True or false? If bonds are required by the contract, you need to include the cost in your fee.

True

False

7. Woolpert prefers to avoid providing which of the following services?

Geotech, environmental assessments, and subsurface utility engineering (SUE)

Geotech, hazardous waste remediation, and subsurface utility engineering (SUE)

Geotech, environmental site assessments, and hazardous waste remediation

8. True or false? Communications are a key component of risk management.

True

False

9. True or false? Once the contract has been signed and you’ve started to work on a project, you don’t need to document your communication.

True

False

Communication is key to good project management and usually helps Woolpert defend claims once they arise.

Explanation

Communication is key to good project management and usually helps Woolpert defend claims once they arise.

10. True or false? If you ignore a problem on a project, it will eventually go away.

True

False

11. True or false? Unsophisticated clients typically have lower expectations of the consultant.

True

False

12. True or false? As long as you also have a written contract, your scope does not need to reflect a “meeting of the minds” with the client.

True

False

If you haven’t reached a meeting of the minds on the scope, the client’s expectations will likely be different and may result in a dispute.

Explanation

If you haven’t reached a meeting of the minds on the scope, the client’s expectations will likely be different and may result in a dispute.

13. When writing your scope, you should:

Avoid the No-No Words

Avoid being too specific

Avoid subjective words like “efficient” and “affordable”

All of the above

Both (A) and (C)

14. True or false? A general summary of your services is a sufficient scope.

True

False

A scope should contain a detailed description of the services to be rendered.

Explanation

A scope should contain a detailed description of the services to be rendered.

15. True or false? There is no need for your scope to specify what you won’t be doing on the project.

True

False

A good scope not only indicates what we will do, but clearly defines the services that are not being provided.

Explanation

A good scope not only indicates what we will do, but clearly defines the services that are not being provided.

16. If a client presents an unrealistic schedule, you should:

Try to meet it and then talk to the client when you start to fall behind

Discuss the schedule with the client immediately before you start work on the project

None of the above

17. True or false? If Woolpert hires the geotech, and the geotech is negligent, then Woolpert is liable to the client.

True

False

Although Woolpert may have separate recourse against the geotech.

Explanation

Although Woolpert may have separate recourse against the geotech.

18. The Woolpert No-No Words are problematic because:

They make your scope longer

They can change the standard of care

Your client doesn’t like them

None of the above

19. True or false? It is always okay to transfer our electronic files to a client or another recipient if requested by the client.

True

False

It depends upon the contract. Woolpert’s current preference is to avoid the transfer of electronic design files and let the hard copies dictate.

Explanation

It depends upon the contract. Woolpert’s current preference is to avoid the transfer of electronic design files and let the hard copies dictate.

20. True or false? The scope is a general summary of what you are going to do.

True

False

The scope should be a detailed description of all of the tasks that you will perform.

Explanation

The scope should be a detailed description of all of the tasks that you will perform.

21. Project emails:

Are not confidential

Are discoverable in court proceedings

Can be easily altered by third parties

All of the above

Both (A) and (C)

22. True or false? The following sentence would be permissible for use within a scope of services: “Woolpert will perform design services for the 1 acre site located at the corner of 1st and 2nd Streets including, but not limited to, grading and storm sewer design as required by the ordinances of the local review agency and parking lot and sidewalk layout for 100 spaces in accordance with the Americans with Disabilities Act (ADA).”

True

False

The term design services is vague. Furthermore, the use of the words “including but limited to” creates an open-ended scope.

Explanation

The term design services is vague. Furthermore, the use of the words “including but limited to” creates an open-ended scope.

23. Emails can be used for contract addendums if:

Both (A) and (C)

None of the above

24. Under the following statement, can Woolpert bill the client for reimbursable expenses, separate from the fee? “Woolpert shall be paid a lump sum fee of $50,000 including reimbursable expenses.”

Yes

No

25. If a client is on the Yellow List for your service line, you need to obtain the following before a contract can be signed with that client:

Approval from Legal

Approval from the Chief Operations Officer

Approval from your Service Line Director

All of the above

Both (B) and (C)

For the Yellow List, discretion rests with the Service Line Director.

Explanation

For the Yellow List, discretion rests with the Service Line Director.

26. True or false? When using an email as a contract addendum, it is acceptable to attach your scope as a PDF to the email.

True

False

The scope should be included in the body of the email as attachments can be lost or corrupted when it is later needed to resolve a dispute.

Explanation

The scope should be included in the body of the email as attachments can be lost or corrupted when it is later needed to resolve a dispute.

27. If a client is on the Red List for your service line:

Your service line can work with that client, but no other service line can

Your service line cannot work that client, but another service line may be able to

No Woolpert service line can work with that client

None of the above