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Overview

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.

Justin Sweet, University of California, Berkeley (Emeritus)

Justin Sweet is the John H. Boalt Professor of Law, Emeritus at the University of California at Berkeley. Born and raised in Wisconsin, he attended the University of Wisconsin, where he received a B.A., phi beta kappa, in literature in 1951 and an LL.B. in 1953. He was note editor for the "Law Review" and Order of the Coif. After serving on the staff of the attorney general of Wisconsin, he was in the Judge-Advocate General's Corps and later practiced in Milwaukee. He joined the Boalt faculty in 1958, where he taught Contracts, Construction Law, and Insurance until the early 1990s. Sweet was a visiting professor at the University of Rome (as a Fulbright Lecturer), Hebrew University, University of Leuven in Belgium, Osgoode Hall in Canada, Tel-Aviv University, and the University of Fribourg. He has written articles in many legal journals, many of which were collected in Sweet, Anthology of Construction Law Writings by the American Bar Association in 2010. He also wrote Sweet on Construction Law for the American Bar Association in 1997. Beginning in 2010, he has been writing on historic cases in each issue of the Journal of Legal Affairs & Dispute Resolution in Engineering and Construction. He was the co-founder and director of the International Construction Conference. It met in Fribourg, Switzerland, Berkeley, California and Washington D.C.

Marc M. Schneier,

For nearly thirty years, Marc M. Schneier has been the Editor of Construction Litigation Reporter, a national reporter analyzing legal developments in the construction industry, which is published by Thomson Reuters/West. He was an Adjunct Professor of Construction Law at the University of San Francisco School of Law, has published numerous articles in various legal journals, and provides consulting services. His first book was CONSTRUCTION ACCIDENT LAW: A COMPREHENSIVE GUIDE TO LEGAL LIABILITY AND INSURANCE CLAIMS, published by the American Bar Association in 1999. His most recent book is LEGAL ASPECTS OF ARCHITECTURE, ENGINEERING AND THE CONSTRUCTION PROCESS, 8th edition, co-authored by Justin Sweet and published in 2009 by Cengage Learning. Marc earned his B.A. in Philosophy at the University of California, Berkeley in 1978. He earned his J.D. from the University of California, Davis (King Hall) in 1981 and was awarded the Bureau of National Affairs Award for academic performance. He practiced law in San Francisco prior to being hired as Editor of Construction Litigation Reporter.

Blake Wentz, Milwaukee School of Engineering

Dr. Blake Wentz is an Associate Professor and the Director of the Construction Management Program at the Milwaukee School of Engineering, a small, private university located in Milwaukee, WI. He is a Certified Professional Constructor (CPC) as well as an LEED ® Accredited Professional. His specialty areas in Construction Management are mechanical systems and construction law. Dr. Wentz has been retained and given opinion testimony as an expert witness in several construction litigation cases since 2005. Before entering academia he was the Vice-President of Wentz Plumbing and Heating in Lincoln, NE for over 5 years. Since 2009 he is the instructor for ethics in construction for the Association of General Contractors (AGC) of Wisconsin's Leadership Training Program. He is currently the Director of Region 3 of the Associated Schools of Construction (ASC) and sits on their national board of directors. He also is a trustee of the National Association of Women in Construction (NAWIC) National Education Foundation. Dr. Wentz has been the recipient of the Mechanical Contractors Association of America's (MCAA) Educator of the Year for both 2011 and 2012. He was also the recipient of the ASC National Teaching Award in 2010 and the Educator of the Year award in 2008 by Wisconsin Builder Magazine. Most recently he was named as the Associate of the Year in 2013 by the AGC of Greater Milwaukee.
  • 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.
Part I: A LEGAL FRAMEWORK OF THE DESIGN AND CONSTRUCTION PROCESS.
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.
24. Insurance.
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 [2008].
Appendix G: Owner/Contractor Agreement, EJCDC Doc. C-520 (2007).
MindTap
Each MindTap product offers the full, mobile-ready textbook combined with superior and proven learning tools at one affordable price. Students who purchase digital access can add a print option at any time when a print option is available for their course.

This Cengage solution can be seamlessly integrated into most Learning Management Systems (Blackboard, Brightspace by D2L, Canvas, Moodle, and more) but does require a different ISBN for access codes. Please work with your Cengage Learning Consultant to ensure the proper course set up and ordering information. For additional information, please visit the LMS Integration site.

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"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."