The primary focus of this text is to provide a bridge for students between the academic world and the real world. This bridge is built through an understanding of what is law, how law is created, how law affects almost every activity of human conduct, and how legal institutions operate. Intended mainly for architectural and engineering students, but increasingly for those in business schools and law schools, this text features a clear, concise, and jargon-free presentation. It probes beneath the surface of legal rules and uncovers why these rules developed as they did, outlines arguments for and against these rules, and examines how they work in practice. Updated with the most recent developments in the legal aspects of architectural, engineering, and the construction processes, this text is also a valuable reference for practitioners and has been cited in over twenty-five court decisions.
Table of Contents
PART A: LEGAL FRAMEWORK OF THE DESIGN AND CONSTRUCTION PROCESS.
1. Sources Of Law: Varied And Dynamic.
2. The American Judicial System: A Forum For Dispute Resolution.
3. Forms Of Business Association: Organizing To Accomplish Objectives.
4. Agency And Employment.
5. Contracts: From Formation To Breach.
6. Torts: Legal Relations Not Arising From Contract.
7. Restrictions On Ownership: Land Use Controls And Environmental Law.
PART B: THE MAIN ACTORS: THE PRIME CONTRACTOR AND DESIGN PROFESSIONAL.
8. Introduction To The Construction Process: Focus On The Prime Contractor And Regulatory Framework.
9. Licensing Of The Design Professional And Contractor.
10. The Design Professional – Client Relationship.
11. Design Professional Liability.
12. Defenses To Claims Of Design Professional Liability.
13. Intellectual Property: Ideas, Copyrights, Patents And Trade Secrets.
PART C: PROJECT DELIVERY METHODS.
14. Project Delivery Variations.
15. Public Contracts.
PART D: PERFORMANCE DISPUTES: FROM DESIGN TO TERMINATION.
16. Performance Disputes Overview: Claims And Defenses To Liability For The Owner And Prime Contractor.
17. Construction Contracts And Rules Of Contract Interpretation.
18. Changes: Complex Construction Centerpiece.
19. Payment: Money Flow As Lifeline.
20. Subsurface Problems: Predictable Uncertainty.
21. Time: Project Scheduling And Delay Claims.
22. Dispute Remedies: Damages.
23. The Subcontracting Process: An "Achilles Heel".
24. Terminating A Construction Contract: Sometimes Necessary But Always Costly.
PART F: RISK MANAGEMENT AND DISPUTE RESOLUTION.
25. Risk Management: Indemnity And Insurance.
26. Risk Management: Surety Bonds Backstopping Contractors.
27. Dispute Resolution Outside Of Litigation: Contractual Claims Process, Arbitration And Other Dispute Resolution Methods.