Construction Law Handbook: Cummulative Supplement Volumes 1 And 2

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Product Details

  • ISBN-13: 9780735555297
  • Publisher: Wolters Kluwer Law & Business
  • Publication date: 11/28/2005
  • Series: Construction Law Library
  • Pages: 309
  • Product dimensions: 7.00 (w) x 10.02 (h) x 0.71 (d)

Table of Contents

About the Supplement Editors xi
Volume 1
Part II Duties and Liabilities of the Architect-Engineer 3
Chapter 5 Duties and Liabilities of the Architect-Engineer to the Contractor and Subcontractor 5
Part III Joint Ventures in Construction 13
Chapter 6 Joint Ventures and Consortiums 15
6.03 Reasons to Form an Enterprise 16
[B] International Considerations in Joint Ventures 16
6.04 Form of Enterprise 17
[E] Limited Liability Partnership 18
6.08 Antitrust Considerations 19
[E] Antitrust Guidelines 19
Part V Bidding 21
Chapter 8 Bidder Responsibility, Bid Responsiveness, and Errors in Bids 23
8.04 Errors in Bids 24
[D] Mistakes in Proposals 25
Chapter 9 Bid Protests 27
Part VI Contracting 31
Chapter 14 Negotiating Sales Contracts 33
Chapter 16 Applicability of the Uniform Commercial Code to Construction 41
Chapter 18 Subcontract Formation and Performance/Disputes Issues 51
Part VIII Contract Performance-Who Is Entitled to What 55
Chapter 21 Changes and Extras 57
21.08 Cardinal Changes 58
Chapter 23 Obtaining Time Extensions 65
Chapter 24 Obtaining Adequate Compensation for Delay 67
Chapter 26 Exceptions to No Damages for Delay Clauses 79
26.02 State-by-State Survey 79
[H.1] Indiana 81
[R] New York 83
[1] Four Exceptions Recognized 83
[a] Uncontemplated Delays 83
[b] Bad Faith/Willful, Malicious, or Grossly Negligent Exception 84
[c] Abandonment Exception 84
[d] Breach of Contract Exception 84
[T] Ohio 85
[3] Four Standard Exceptions Recognized 85
[AA] Washington-Statutory Nullification of No Damages for Delay Clauses 86
Chapter 28 Terminations 87
28.02 Terminations for Convenience 87
[E] Costs of a Termination for Convenience 96
28.03 Terminations for Default 97
[B] Grounds for Default Termination 97
[4] Material Breach Justifying Default 108
[H] Jurisdiction Issues 136
Chapter 29 Construction Failures 139
29.02 The Law Applicable to Construction Failures 139
[G] Contractual Indemnity Provisions 153
Volume 2
Part IX Damages for Breach of Construction Contracts 159
Chapter 31 Indirect, Consequential, and Punitive Damages 161
Chapter 32 Liquidated Damages 165
Chapter 33 Recovery of Interest and Attorneys' Fees 169
Part X Surety Bonds in Construction 173
Chapter 35 Performance Bonds 175
35.04 Surety's Rights and Obligations 175
[F] What the Performance Bond Covers 178
[a] Performance Guarantees 178
Chapter 36 Payment Bonds 181
Chapter 37 Indemnity of the Contract Surety 187
Part XII Dispute Control, ADR, and Trial 191
Chapter 39 Using Contractual Safety Nets to Control Dispute from Start to Finish-Partnering, Dispute Review Boards, Mediation, Minitrials 193
Chapter 40 The Special Master: A Delivery Engine for Resolution of Complex Litigation 197
Chapter 41 Arbitration of Construction Disputes-Advantages and Disadvantages 199
Chapter 42 Enforceability of Arbitration Provisions 205
Part XIII Federal Government Construction Contracts 209
Chapter 44 New and Unique Aspects of Federal Contracting 211
44.01 Introduction 211
[A] Reauthorization of the Defense Production Act 214
[B] More Sole Source Awards 214
44.02 Procurement Regulations 215
[J] Disclosure of Records 220
[1] FOIA 220
[2] Discovery 221
44.03 Contract Formation 221
[B] New Rules on Negotiation-FAR Part 15 221
[1] Reverse Auctions 221
[2] Past Performance 221
44.04 Contract Administration 222
[D] Design Verification 223
[E] Default Termination 223
[F] Protests 224
Chapter 45 False Claims and Fraud in Federal Contracts 227
Chapter 46 When and How to File a Federal Contract Claim 233
Chapter 47 The Use of Alternative Dispute Resolution in Federal Claims 239
Part XIV International Construction Contracts 251
Chapter 48 Contracting for International Construction Works 253
48.03 Forms of Contract Used Internally 253
[A] The FIDIC Forms 253
[4] FIDIC EPC/Turnkey Form 253
48.05 Opportunities and Issues for Foreign Contractors in the People's Republic of China 255
[E] The Impact of China's Infrastructure Development on the Production of Building Materials 257
48.07 The U.S. Department of State Embassy Construction Program 259
[A] Contractor Requirements 259
[1] Publication of Projects 260
[2] United States Citizenship Requirements 260
[3] Security Clearances 262
[4] Subcontracting Limitations, Bonding Requirements and Other Restrictions 262
[5] Small Business and Minority Business Set-Asides 262
[6] Pre-Qualification Procedures 263
[B] Potential Risks 263
[1] Qualified Labor/Subcontractors 263
[2] Specialized Materials and Equipment 264
[3] Insurance 265
[4] Transportation 265
[5] Political Unrest 265
48.08 Contracting in Iraq 266
Chapter 49 The Foreign Corrupt Practices Act and Multinational Anti-Bribery Initiatives 269
49.02 The U.S. Anti-Foreign Corruption Statute: The FCPA 269
[F] Enforcement Developments 270
[4] Metcalf & Eddy, Inc. 271
[5] UNC/Lear Services 271
[6] Adler 272
[7] Kay 272
49.03 Beyond the FCPA: Multilateral Anti-Corruption Initiatives 273
[F] Other International Anti-Corruption Initiatives 273
[1] Executive Order 13116 273
[2] Jakarta, Indonesia 274
[3] Lesotho Highland Water Project 274
[G] U.S. Implementing Legislation 275
Table of Cases 277
Table of Statutes and Regulations 301
Table of Authorities 303
Index 305
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