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CONSTRUCTION LAW FOR DESIGN PROFESSIONALS, CONSTRUCTIONS MANAGERS AND CONTRACTORS is a condensed -- and completely revamped -- version of the bestselling authority on engineering law, LEGAL ASPECTS OF ARCHITECTURE, ENGINEERING AND THE CONSTRUCTION PROCESS (now in its 9th edition) by Justin Sweet and Marc M. Schneier. For this new book, the authors have directed the text at engineering, architecture and construction management students. Given the authors' long and deep understanding of the intersection between the law and the construction industry, professors and students can trust this text is unparalleled. The addition of Blake Wentz to the author team emphasizes the commitment to the field. A new 2017 Update includes the latest changes regarding relevant industry associations, regulations, and codes of ethics. The supplement includes hard copies of AIA A101-2017; A101-2017, Exhibit A; A201-2017; A401-2017; and B101-2017, as well as the most recent code of ethics of: the American Institute of Architects (AIA); the American Institute of Constructors (AIC); the Design-Build Institute of America (DBIA); and the Construction Management Association of America (CMAA). The book’s website has the updated EJCDC C-520, C-700, and E-500 documents.
- The text is greatly shortened from the larger book, focusing on the legal issues of particular interest only to engineering, architecture and construction management students.
- Fewer reproductions of judicial decisions, which can be difficult for non-law students to read.
- Fuller, yet simplified, explanations of legal concepts, such as negligence and strict products liability.
- Virtually every chapter begins with a Scenario: a description of a hypothetical project. That Scenario is referred back to throughout the chapter to provide concrete illustrations of concepts discussed. The students are shown how abstract legal principles are applied in a specific, factual setting. The instructor may easily modify the Scenario to fit the teaching needs of the particular class.
- Each chapter ends with review questions so students may self-test to determine whether they have understood the material.
- A new ethics chapter (not found in the larger book) has been added.
- Up-to-date -- the text incorporates the 2007 version of the AIA and EJCDC standard form documents, the legal documents students are likely to encounter when they start work.
1. American Legal System.
2. Forms of Business Association and Employment.
3. Contracts: From Formation to Breach.
4. Remedies for Contract Breach: Focus on Construction Disputes.
5. Torts: Legal Relations Not Arising from Contract.
6. Regulation of Land and the Construction Process.
Part II: THE MAIN ACTORS: THE OWNER, PRIME CONTRACTOR AND DESIGN PROFESSIONAL.
7. The Project Participants: Focus on the Owner, Prime Contractor and Construction Manager.
8. Licensing of the Design Professional, Contractor and Construction Manager.
9. The Design Professional-Client Relationship.
10. Professional Design Services: The Sensitive Client Issues and Copyright.
11. Design Professional Liability.
12. Defenses to Claims of Design Professional Liability.
13. Professional Ethics.
Part III: PROJECT DELIVERY METHODS.
14. Project Organization, Pricing, and Delivery Methods.
15. Public Contracts.
16. Performance Disputes Overview: Claims and Defenses to Liability for the Owner and Prime Contractor.
17. Contractor Payment and Project Completion.
18. Changes: Complex Construction Centerpiece.
19. Subsurface Problems: Predictable Uncertainty.
20. Time: Project Scheduling and Delay Claims.
21. The Subcontracting Process: An "Achilles Heel".
22. Terminating a Construction Contract: Sometimes Necessary but Always Costly.
23. Shifting Losses: Contribution and Indemnity.
25. Surety Bonds: Backstopping Contractors.
26. Claims and Disputes: Emphasis on Arbitration.
Appendix A: General Conditions: AIA A201-2007.
Appendix B: General Condition, EJCDC Doc. C-700 (2007).
Appendix C: Owner/Architect Agreement: American Institute of Architects (AIA) B101-2007.
Appendix D: Owner/Contractor Agreement: AIA A101-2007.
Appendix E: Bonds: AIA B312-2010.
Appendix F: Owner/Engineer Agreement, EJCDC Doc. E-500 .
Appendix G: Owner/Contractor Agreement, EJCDC Doc. C-520 (2007).
"This book would be an excellent book for any undergraduate construction program, their proposed style and layout is more in line with how these classes are usually taught, and this would make the book a much better resource for both the faculty and the students."
"I believe that this book would be very helpful to our students, especially those without any background in the American legal system. The proposed scheme is also attractive because it retains the case law on line for those students wishing to go to a deeper level."