Legal Aspects of Architecture, Engineering and the Construction Process Proc.

Legal Aspects of Architecture, Engineering and the Construction Process Proc.

by Justin Sweet
     
 

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

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Overview

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 that has been cited in over twenty-five court decisions.

Product Details

ISBN-13:
2900495411214
Publisher:
Cengage Learning
Publication date:
11/28/2008
Edition description:
New Edition

Meet the Author

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.

Marc M. Schneier is the Editor of "Construction Litigation Reporter" published by Thomson Reuters/West. He writes the nationally distributed Reporter covering the latest and most significant developments in construction law. Published 11 times each year, it consists of case law summaries coupled with critical analysis of the opinions, and includes occasional articles submitted by construction law practitioners. Mr. Schneier received his J.D. in 1981 from the University of California, Davis, where he was the recipient of the Bureau of National Affairs Award for academic excellence. After litigation practice in San Francisco, Mr. Schneier became Editor of the Reporter in 1983. Before moving to the Philadelphia area, he was an Adjunct Professor of Construction Law at the University of San Francisco School of Law. In addition to numerous articles, he is the author of "Construction AccidentLaw: A Comprehensive Guide to Legal Liability and Insurance Claims," published in 1999 by the American Bar Association. His website is www.buildinglaw.org.

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Table of Contents

1. Sources of Law: Varied and Dynamic
2.The American Judicial System: A Forum for Dispute Resolution
3.Forms of Association: Organizing to Accomplish Objectives
4.The Agency Relationship: A Legal Concept Essential to Contract Making
5.Contracts and Their Formation: Connectors for Construction Participants
6.Remedies for Contract Breach: Emphasis on Flexibility
7.Losses, Conduct, and the Tort System: Principles and Trends
8.Introduction to the Construction Process: Ingredients for Disputes
9.Limits on Ownership: Land Use Controls
10.Professional Registration and Contractor Licensing: Evidence of Competence or Needless Entry Barrier?
11.Contracting for Design Services: Pitfalls and Advice
12.Professional Design Services: The Sensitive Issues
13.Compensation and Other Owner Obligations
14.Professional Liability: Process or Product?
15.Risk Management: A Variety of Techniques
16.Intellectual Property: Ideas, Copyrights, Patents, and Trade Secrets
17.Planning the Project: Compensation and Organization Variations
18.Competitive Bidding: Theory, Realities, and Legal Pitfalls
19.Sources of Construction Contract Rights and Duties: Contract Documents and Legal Rules
20.Contract Interpretation: Chronic Confusion
21.Changes: Complex Construction Centerpiece
22.Payment: Money Flow as Lifeline
23.Expectations and Disappointments: Some Performance Problems
24.Defects: Design, Execution, and Blurred Roles
25.Subsurface Problems: Predictable Uncertainty
26.Time: A Different but Important Dimension
27.Claims: By-Products of Construction Process
28.The Subcontracting Process: An "Achilles Heel"
29.The Design Professional as Judge: A Tradition Under Attack
30.Construction Disputes: Arbitration and Other Methods to Reduce Costs and Save Time
31.Indemnification and Other Forms of Shifting and Sharing Risks: Who Ultimately Pays?
32.Surety Bonds: Backstopping Contractors
33.Terminating a Construction Contract: Sometimes Necessary but Always Costly

Appendix A - Standard Form of Agreement between Owner and Architect

Appendix B - Standard Form of Agreement between Owner and Contractor

Appendix C - General Conditions of the Contract for Construction

Appendix D - Performance and Payment Bonds

Appendix E - Standard Form of Agreement Between Contractor and Subcontractor

Appendix F - Construction Industry Dispute Resolution Procedures

Appendix G - Standard Form of Agreement Between Owner and Engineer for Professional Services

Appendix H - Standard Form of Agreement Between Owner and Contractor for Construction Contract

Appendix I - Standard General Conditions of the Construction Contract

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