Professional

Construction Law for Design Professionals, Construction Managers and Contractors, 1st Edition

  • Justin Sweet University of California, Berkeley (Emeritus)
  • Marc M. Schneier
  • Blake Wentz Milwaukee School of Engineering
  • ISBN-10: 1111986908  |  ISBN-13: 9781111986902
  • 640 Pages
  • © 2015 | Published
  • List Price = $ 235.95
  • For quantity discounts, Contact your Representative
  • For single copy purchases, visit CengageBrain.com

About

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, Marc M. Schneier and Blake Wentz. 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.

Features and Benefits

  • 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.

Table of Contents

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).

Learning Resource Bundles

Choose the textbook packaged with the resources that best meet your course and student needs. Contact your Learning Consultant for more information.

ePack: Construction Law for Design Professionals, Construction Managers and Contractors + MindTap® Engineering 2-Semester Instant Access for Sweet/Schneier/Wentz's Construction Law for Design Professionals, Construction Managers and Contractors

ISBN-10: 1305614194 | ISBN-13: 9781305614192

List Price = $261.95  | CengageBrain Price = $261.95


Efficacy and Outcomes

Reviews

"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."

— Blake Wentz, Milwaukee School of Engineering

"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."

— Linda Thomas-Mobley, New School of Architecture and Design

Supplements

All supplements have been updated in coordination with the main title. Select the main title's "About" tab, then select "What's New" for updates specific to title's edition.

For more information about these supplements, or to obtain them, contact your Learning Consultant.

Instructor Supplements

Instructor Solutions Manual  (ISBN-10: 1111986916 | ISBN-13: 9781111986919)

Solutions to problems in Construction Law for Design Professionals, Construction Managers and Contractors

MindTap® Engineering, 1 term (6 months) Instant Access for Sweet/Schneier/Wentz's Construction Law for Design Professionals, Construction Managers and Contractors  (ISBN-10: 1305498755 | ISBN-13: 9781305498754)

MindTap™ Engineering for Sweet/Schneier/Wentz's Construction Law for Design Professionals, Construction Managers, and Contractors is the digital learning solution that helps instructors engage and transform today's students into critical thinkers. Through paths of dynamic assignments and applications that you can personalize, real-time course analytics, and an accessible reader, MindTap helps you turn cookie cutter into cutting edge, apathy into engagement, and memorizers into higher-level thinkers. Access to this product is valid for 6 months of usage.

List Price = $93.00  | CengageBrain Price = $93.00  | College Bookstore Wholesale Price = $93.00

MindTap® Engineering, 2 terms (12 months) Instant Access for Sweet/Schneier/Wentz's Construction Law for Design Professionals, Construction Managers and Contractors  (ISBN-10: 1285866029 | ISBN-13: 9781285866024)

MindTap™ Engineering for Sweet/Schneier/Wentz's Construction Law for Design Professionals, Construction Managers and Contractors provides you with the tools you need to better manage your limited time -- you can complete assignments whenever and wherever you are ready to learn with course material specially customized for you by your instructor and streamlined in one proven, easy-to-use interface. With an array of tools and apps -- from flashcards to note taking -- you'll get a true understanding of course concepts, helping you to achieve better grades and setting the groundwork for your future courses. Access to this product is valid for 12 months of usage.

List Price = $136.00  | CengageBrain Price = $136.00  | College Bookstore Wholesale Price = $136.00

LMS Integrated for MindTap® Engineering, 2 terms (12 months) Instant Access  (ISBN-10: 1285866053 | ISBN-13: 9781285866055)

This access code will provide you with seamless access to your MindTap™ Engineering resources from within your campus Learning Management System. You will be prompted to enter this access code the first time that you click on a link in your course that includes Cengage content.

List Price = $136.00  | CengageBrain Price = $136.00  | College Bookstore Wholesale Price = $136.00

Student Supplements

MindTap® Engineering, 1 term (6 months) Instant Access for Sweet/Schneier/Wentz's Construction Law for Design Professionals, Construction Managers and Contractors  (ISBN-10: 1305498755 | ISBN-13: 9781305498754)

MindTap™ Engineering for Sweet/Schneier/Wentz's Construction Law for Design Professionals, Construction Managers, and Contractors provides you with the tools you need to better manage your limited time -- you can complete assignments whenever and wherever you are ready to learn with course material specially customized for you by your instructor and streamlined in one proven, easy-to-use interface. With an array of tools and apps -- from flashcards to note taking -- you'll get a true understanding of course concepts, helping you to achieve better grades and setting the groundwork for your future courses. Access to this product is valid for 6 months of usage.

List Price = $93.00  | CengageBrain Price = $93.00  | College Bookstore Wholesale Price = $93.00

MindTap® Engineering, 2 terms (12 months) Instant Access for Sweet/Schneier/Wentz's Construction Law for Design Professionals, Construction Managers and Contractors  (ISBN-10: 1285866029 | ISBN-13: 9781285866024)

MindTap™ Engineering for Sweet/Schneier/Wentz's Construction Law for Design Professionals, Construction Managers and Contractors provides you with the tools you need to better manage your limited time -- you can complete assignments whenever and wherever you are ready to learn with course material specially customized for you by your instructor and streamlined in one proven, easy-to-use interface. With an array of tools and apps -- from flashcards to note taking -- you'll get a true understanding of course concepts, helping you to achieve better grades and setting the groundwork for your future courses. Access to this product is valid for 12 months of usage.

List Price = $136.00  | CengageBrain Price = $136.00  | College Bookstore Wholesale Price = $136.00

LMS Integrated for MindTap® Engineering, 2 terms (12 months) Instant Access  (ISBN-10: 1285866053 | ISBN-13: 9781285866055)

This access code will provide you with seamless access to your MindTap™ Engineering resources from within your campus Learning Management System. You will be prompted to enter this access code the first time that you click on a link in your course that includes Cengage content.

List Price = $136.00  | CengageBrain Price = $136.00  | College Bookstore Wholesale Price = $136.00

LMS Integrated for MindTap® Engineering, 1 term (6 months) Instant Access  (ISBN-10: 1305633679 | ISBN-13: 9781305633674)

List Price = $93.00  | College Bookstore Wholesale Price = $93.00

Meet the Author

Author Bio

Justin Sweet

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

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.