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Defect-Free Buildings (McGraw-Hill Construction Series): A Construction Manual for Quality Control and Conflict Resolution / Edition 1

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Overview

ELIMINATE CONSTRUCTION MISTAKES AND MINIMIZE YOUR EXPOSURE TO EXPENSE AND LITIGATION WITH DEFECT-FREE BUILDINGS

Nothing packs a more costly punch and ruins a project faster than a construction defect dispute. And nothing stops a project dead in its tracks faster than conflicts between builders and owners. But with McGraw-Hill's Defect-Free Buildings, you can rid your projects of these debilitating conflicts and protect your business against the costs, delays, and litigation they create.

Packed with easy-to-understand guidelines, protocols, and checklists, this indispensable volume helps you:

  • Determine proper construction methods and costs during planning and bidding
  • Avoid defects in the building stages and enhance quality control
  • Obtain the proper insurance and satisfy underwriting requirements
  • Reduce or eliminate the threat and cost of litigation

KEEP THE PEACE

To help you minimize cost and lost time when disputes become unavoidable, Defect-Free Buildings also delivers a wide range of powerful conflict-resolution techniques. You'll learn how to:

  • Get the right contract in place
  • Develop forms and documents that minimize or eliminate disputes and delays in payment
  • Document construction conditions to avoid potential conflicts and owner claims
  • Resolve conflicts effectively
  • And more!

Written by a construction attorney with more than 25 years' experience as an arbitrator and mediator, Defect-Free Buildings is the money-saving resource you'll want within reach on every construction job.

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Product Details

  • ISBN-13: 9780071479592
  • Publisher: McGraw-Hill Professional Publishing
  • Publication date: 11/28/2006
  • Series: McGraw-Hill Construction Ser.
  • Edition number: 1
  • Pages: 341
  • Product dimensions: 7.40 (w) x 9.20 (h) x 0.99 (d)

Meet the Author

Robert S. Mann has nearly 25 years' experience as a lawyer, arbitrator, and mediator of construction disputes. He has been involved in hundreds of complex construction defect and construction breach of contract matters involving hundreds of millions of dollars, and has successfully mediated/arbitrated over 100 construction, business, and real estate disputes. He has substantial technical expertise in virtually every aspect of construction, lectures extensively, and has authored numerous appellate briefs. Mr. Mann is President of The Mann Law Firm, APC, and a member of the National Roster of Construction/Commercial Arbitrators, American Arbitration Association, Panel of Mediators and Arbitrators, Arbitration Mediation and Conciliation Center. He was Special Litigation Counsel for the bankruptcy estate of owner/developer, resulting in the largest construction defect arbitration award in California history.

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Table of Contents

Acknowledgments
How to Use This Book
Introduction

Chapter 1: A Basic Primer on the Construction Process

Chapter 2: The Construction Contract

Chapter 3: Why Do Contractors Get Sued?

Chapter 4: Background to Construction Defect Law

Chapter 5: The Most Common Construction Defects and How to Avoid Them

Chapter 6: Using Plans, Specifications, and Contract Terms to Avoid Defects

Chapter 7: Document Control

Chapter 8: Managing Conflict During Construction

Chapter 9: Cost-Saving Techniques

Chapter 10: The Lawsuit -- What Happens Next

Chapter 11: Conclusion
APPENDIX A: FORM OF CASE MANAGEMENT ORDER
APPENDIX B: FORM OF CONSTRUCTION DEFECT COMPLAINT: HOMEOWNER vs. DEVELOPER
APPENDIX C: FORM OF COMPLAINT: HOMEOWNER vs. CONTRACTOR
APPENDIX D: FORM OF FINAL DEFECT LIST: HOMEOWNER vs. CONTRACTOR
APPENDIX E: FORM OF MEDIATION BRIEF: HOMEOWNER vs. DEVELOPER -- Principal Issues Involve Soils Problems
APPENDIX F: FORM OF ANSWER TO COMPLAINT: HOMEOWNER vs. CONTRACTOR
APPENDIX G: FORM OF CROSS COMPLAINT BY CONTRACTOR AGAINST SUBCONTRACTORS FOR INDEMNITY AND AGAINST OWNER
APPENDIX H: SELECTED PROVISIONS FOR CONSTRUCTION LITIGATION
Bibliography
Index
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