Title:
Legal aspects of architecture, engineering and the construction process
Personal Author:
Edition:
6th ed.
Publication Information:
Pacific Grove, C.A. : Brooks/Cole Publishing, 2000
ISBN:
9780534953232
Available:*
Library | Item Barcode | Call Number | Material Type | Item Category 1 | Status |
---|---|---|---|---|---|
Searching... | 30000010059273 | KF902 S83 2000 | Open Access Book | Book | Searching... |
On Order
Summary
Summary
The sixth edition of this classic text (written primarily for senior and graduate level architecture, engineering, construction management, and law students) provides a bridge between the academic and real worlds. The text is also a valuable reference for practitioners and it has been cited in over twenty-five court decisions. The sixth edition has been updated to include the most up-to-date information on new developments in the legal aspects of architectural, engineering, and the construction processes.
Table of Contents
1 Sources of Law: Varied and Dynamic |
Relevance |
The Federal System |
Constitutions |
Legislation |
The Executive Branch |
Administrative Agencies |
Courts: The Common Law |
Contracting Parties |
Publishers of Standardized Documents |
Summary |
2 The American Judicial System: A Forum for Dispute Resolution |
State Court Systems: Trial and Appellate Courts |
The Federal Court System |
Statute of Limitation: Time to Bring the Lawsuit |
Hiring an Attorney: Role and Compensation |
Jurisdiction of Courts |
Parties to the Litigation |
Prejudgment Remedies |
Pleadings |
Pretrial Activities: Discovery |
The Jury |
Trials: The Adversary System |
Judgments |
Enforcement of Judgments |
Appeals: The Use of Precedent |
International Contracts |
3 Forms of Association: Organizing to Accomplish Objectives |
Relevance |
Sole Proprietorships |
Partnerships |
Profit Corporations |
Nonprofit Corporations |
Professional Corporations |
Joint Ventures |
Unincorporated Associations |
Loose Associations: Share-office Arrangement |
Professional Associations |
Problems |
4 The Agency Relationship: A Legal Concept Essential to Contract Making |
Relevance |
Policies Behind Agency Concept |
Other Related Legal Concepts |
Creation of Agency Relationship |
Actual Authority |
Apparent Authority |
Problem |
Termination of Agency |
Disputes Between Principal and Third Party |
Disputes Between Agent and Third Party |
5 Contracts and Their Formation: Connectors for Construction Participants |
Relevance |
The Function of Enforcing Contracts: Freedom of Contract |
Preliminary Definitions |
Contract Classifications |
Capacity to Contract |
Mutual Assent |
Defects in the Mutual Assent Process |
Consideration as a Contract Requirement |
Promises Under Seal |
Writing Requirement: Statute of Frauds |
Problem |
6 Remedies for Contract Breach: Emphasis on Flexibility |
An Overview |
Relationship to Other Chapters |
Money Awards and Specific Decrees: Damages and Specific Performance |
Compensation and Punishment: Emergence of Punitive Damages |
Protected Interests |
Limits on Recovery |
Cost of Dispute Resolution: Attorney''s Fees |
Interest |
Problem |
7 Losses, Conduct, and the Tort System: Principles and Trends |
Relevance to the Construction Process |
Tort Law: Some Background |
Negligence: The ""Fault"" Concept |
Nonintentional Nonnegligent Wrongs: Strict Liability |
Claims by Third Parties |
Immunity |
Misrepresentation |
Duty of the Possessor of Land |
Product Liability |
Remedies |
Problems |
8 Introduction to the Construction Process: Ingredients for Disputes |
Relationship to Rest of Book |
The Eternal Triangle: Main Actors |
The Supporting Cast on a Crowded Stage |
The Construction Contract |
The Delivery Systems |
The Applicable Law |
The Construction Site |
Contract Administration |
International Transactions |
Unresolved Disputes and Litigation |
9 Limits on Ownership: Land Use Controls |
Nuisance: Unreasonable Land Use |
Soil Support |
Drainage and Surface Waters |
Easements for Light, Air, and View |
Restrictive Covenants |
Development of Land: Expanded Public Role |
Limitations on Land Use Controls: Takings |
Local Land Use Control: The Process |
Original Enabling Acts and Euclidean Zones: The MLDC |
Flexibility: Old Tools and New Ones |
Aesthetics and Control |
Historic and Landmark Preservation |
The Environmental Movement and Owner Liability |
Judicial Review |
Housing and Land Use Controls |
10 Professional Registration and Contractor Licensing: Evidence of Competence or Needless Entry Barrier? Overview |
Public Regulation: A Controversial Policy |
Administration of Licensing Laws |
The Licensing Process |
Types of Licensing Laws |
Statutory Violations |
Sanctions for Licensing Law Violations |
Should Contractors Be Licensed? Contractor Licensing Laws |
The Unlicensed Contractor: Civil Sanctions |
Indirect Effect: Forum for Consumer Complaints |
The Trained but Unregistered Design Professional: Moonlighting |
Problems |
11 Contracting for Design Services: Pitfalls and Advice |
Authority Problems |
Financial Capacity |
Competing for the Commission: Ethical and Legal Considerations |
Professional Service Contracts: Some Remarks |
Problems |
12 Professional Design Services: The Sensitive Issues |
Range of Possible Professional Services: Fees and Insurance |
Traditional Roles of Design Professional: B141-1997 |
Cost Predictions |
Problem |
Assistance in Obtaining Financing |
Economic Feasibility of Project |
Approval of Public Authorities: Dispute Resolution |
Services of a Legal Nature |
Site Services |
Problem |
Hazardous Materials |
Who Actually Performs Services: Use of and Responsibility for Consultants |
Problem |
Ownership of Drawings and Specifications |
Time |
Cessation of Services: Special Problems of the Client-Design Professional Relationship |
Problem |
Judicial Remedy for Breach: Special Problems of Client-Design Professional Relationship |
Problem |
13 Compensation and Other Owner Obligations |
Contractual Fee Arrangements |
Time for Payment |
Payment Despite Nonperformance |
Other Client Obligations |
Problems |
14 Professional Liability: Process or Product? Claims Against Design Professionals: On the Increase |
Overview of Chapters 14 and 15 |
Claims Against Design Professionals: Some Illustrations |
Specific Contract Standard |
The Professional Standard: What Would Others Have Done? Expert Testimony |
Implied Warranty: An Outcome Standard |
Third-Party Claims: Special Problems |
Special Legal Defenses |
Remedies |
Current Controversies: Some Observations |
Problems |
15 Risk Management: A Variety of Techniques |
Sound Economic Basis: Bargaining Power |
Evaluating the Commission: Participants and Project |
Contractual Risk Control |
Indemnity: Risk Shifting or Sharing |
Professional Liability Insurance: Risk Spreading |
Preparing to Face Claims |
Problems |
16 Intellectual Property: Ideas, Copyrights, Patents, and Trade Secrets |
Relevance to Design Professional |
An Overview |
The Copyright Law of 1976 |
Special Copyright Problems of Design Professionals |
Moral Rights of Artists |
Patents: Some Observations and Comparisons |
Trade Secrets |
17 Planning the Project: Compensation and Organization Variations |
Overview |
Pricing Variations |
Problems |
Traditional Organization: Owner''s Perspective |
Modern Variations |
Administrative Problems |
Problems |
18 Competitive Bidding: Theory, Realities, and Legal Pitfalls |
Basic Objectives Reconsidered |
Competitive Bidding: Theories and Some Pitfalls |
The Competitive Bidding Process |
Some Legal Aspects of Competitive Bidding |
Subcontractor Bids |
Problems |
19 Sources of Construction Contract Rights and Duties: Contract Documents and Legal Rules |
Contract Documents |
Judicially Determined Terms |
20 Contract Interpretation: Chronic Confusion |
Basic Objectives |
Language Interpretation: Newsom v |
United States |
Resolving Conflicts and Inconsistencies |
Reformation of Contracts |
Problems |
21 Changes: Complex Construction Centerpiece |
Definitions and Functions of a Changes Clause: Watson Lumber Co |
v. Guennewig |
Shifts in Bargaining Power |
Types of Changes |
Change Order Mechanisms |
Effect of Changes on Performance Bonds |
Problems |
22 Payment: Money Flow as Lifeline |
The Doctrine of Conditions |
Progress Payments |
Retainage |
Substantial Completion |
Completion and Final Payment |
Payment for Work Despite Noncompliance |
The Certification and Payment Process: Some Liability Problems |
Problems |
23 Expectations and Disappointments: Some Performance Problems |
Introduction to Chapters 23 through 28 |
Affirmative Legal Doctrines: The Bases for Claims |
Defenses to Claims |
Restitution |
Specific Applications of General Principles |
Problems |
24 Defects: Design, Execution, and Blurred Roles |
Introduction: The Partnership |
Basic Principle: Responsibility Follows Control |
Displacing the Basic Principle: Unconscionability |
Good Faith and Fair Dealing: a Supplemental Principle |
Acceptance of a Project |
Owner Claims and Divided Responsibility |
Third-Party Claims |
Claims Against Liability Insurer |
Warranty (Guarantee) Clauses |
Implied Warranties in the Sale of Homes: Strict Liability |
Problems |
25 Subsurface |