| |
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| Interface Of The Law With The Construction Industry | |
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| The Typical Parties | |
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| Rules for Participants | |
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| Liability in the Construction Process | |
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| Conclusion | |
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| Questions and Problems | |
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| |
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| Contract Formation, Privity Of Contract, And Other Contract Relationships | |
| |
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| What Constitutes a Contract? | |
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| Privity of Contract and Other Contract Relationships | |
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| Conclusion | |
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| Questions and Problems | |
| |
| |
| |
| The Prime Contract--An Overview | |
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| The Parties to Construction-Related Prime Contracts | |
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| The Nature of the Contractual Services Provided | |
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| Commercial Terms | |
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| Conclusion | |
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| Questions and Problems | |
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| |
| |
| Prime Contract--Format And Major Components | |
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| Standard Forms-of-Contract | |
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| Typical Documents Comprising the Contract | |
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| Conclusion | |
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| |
| Questions and Problems | |
| |
| |
| |
| Owner-Construction Contractor Prime Contract "Red Flag" Clauses | |
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| Threshold "Red Flag" Clauses | |
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| Other Important "Red Flag" Clauses | |
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| |
| Conclusion | |
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| |
| Questions and Problems | |
| |
| |
| |
| Labor Agreements | |
| |
| |
| The Parties | |
| |
| |
| Common Types of Labor Agreements | |
| |
| |
| Labor Agreement Threshold "Red Flag" Provisions | |
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| |
| Other "Red Flag" Provisions | |
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| |
| Conclusion | |
| |
| |
| Questions and Problems | |
| |
| |
| |
| Purchase Order And Subcontract Agreements | |
| |
| |
| Purchase Orders | |
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| |
| "Red Flag" Purchase Order Provisions | |
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| |
| Subcontract Agreements | |
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| |
| Subcontract "Red Flag" Provisions | |
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| |
| Conclusion | |
| |
| |
| Questions and Problems | |
| |
| |
| |
| Insurance Contracts | |
| |
| |
| Worker's Compensation and Employer's Liability Policies | |
| |
| |
| Public Liability Policies | |
| |
| |
| Builder's Risk Policies | |
| |
| |
| Equipment Floater Policies | |
| |
| |
| Miscellaneous Policies for Special Situations | |
| |
| |
| Owner-Provided Insurance Programs | |
| |
| |
| "Red Flag" Insurance Provisions | |
| |
| |
| Recent Trends in the Construction Insurance Industry | |
| |
| |
| Conclusion | |
| |
| |
| Questions and Problems | |
| |
| |
| |
| Surety Bonds | |
| |
| |
| Relevant Parties and Surety Bond Terms | |
| |
| |
| How Do Surety Bonds Work? | |
| |
| |
| Bid Bonds | |
| |
| |
| Performance Bonds | |
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| |
| Labor and Material Payment Bonds | |
| |
| |
| Other First Tier Bonds | |
| |
| |
| Subcontract Bonds and Material Supplier Bonds | |
| |
| |
| Conclusion | |
| |
| |
| Questions and Problems | |
| |
| |
| |
| Joint-Venture Agreements | |
| |
| |
| Joint and Several Liability | |
| |
| |
| Conventional v. Item Joint-Venture | |
| |
| |
| Conventional Joint-Venture | |
| |
| |
| Item Joint Ventures | |
| |
| |
| Conclusion | |
| |
| |
| Questions and Problems | |
| |
| |
| |
| Bid And Proposals | |
| |
| |
| Public and Private Sector Bidding | |
| |
| |
| Public Bidding Statues | |
| |
| |
| Public Owners' Actions After Bids Received | |
| |
| |
| Bid Irregularities/Informalities | |
| |
| |
| Bidder's Property Right to the Contract | |
| |
| |
| Bid Protests | |
| |
| |
| Rejection of All Bids in the Public Interest | |
| |
| |
| Conclusion | |
| |
| |
| Questions and Problems | |
| |
| |
| |
| Mistakes In Bids | |
| |
| |
| Firm Bid Rule and Doctrine of Mistake | |
| |
| |
| Generalized Rules for Withdrawal | |
| |
| |
| Proof of the Mistake | |
| |
| |
| Duty to Verify a Low Bid | |
| |
| |
| Promissory Estoppel | |
| |
| |
| Conclusion | |
| |
| |
| Questions and Problems | |
| |
| |
| |
| Breach Of Contract | |
| |
| |
| Breach of Contract and Materiality of Breach | |
| |
| |
| Anticipatory Breaches of Contract | |
| |
| |
| Express Obligations and Implied Warranties | |
| |
| |
| Frequent Breach of Contract Situations | |
| |
| |
| Conclusion | |
| |
| |
| Questions and Problems | |
| |
| |
| |
| Contract Changes | |
| |
| |
| Contract Change Procedure | |
| |
| |
| Federal Contract Changes Clause | |
| |
| |
| Specifics in Changes Clauses | |
| |
| |
| Cardinal Changes | |
| |
| |
| Price and Time Adjustments for Contract Changes | |
| |
| |
| Conclusion | |
| |
| |
| Questions and Problems | |
| |
| |
| |
| Differing Site Conditions | |
| |
| |
| The Federal Differing Site Conditions Clause | |
| |
| |
| Other Differing Site Conditions Clauses | |
| |
| |
| Reasons for Denying Differing Site Condition Claims | |
| |
| |
| Dealing With Differing Site Conditions | |
| |
| |
| Determination of the Equitable Adjustment | |
| |
| |
| Conclusion | |
| |
| |
| Questions and Problems | |
| |
| |
| |
| Delays, Suspensions, And Terminations | |
| |
| |
| Delays and Suspensions of Work | |
| |
| |
| The Federal Suspension of Work Clause | |
| |
| |
| Delays and Suspensions in Other Contracts | |
| |
| |
| Contracts with No Provisions for Delays | |
| |
| |
| Delay in Early Completion Situations | |
| |
| |
| Causes for Delays and Suspensions of Work | |
| |
| |
| Notice Requirements | |
| |
| |
| Terminations | |
| |
| |
| Conclusion | |
| |
| |
| Questions and Problems | |
| |
| |
| |
| Liquidated Damages, Force Majeure, And Time Extensions | |
| |
| |
| Liquidated Damages | |
| |
| |
| Force Majeure | |
| |
| |
| Time Extensions | |
| |
| |
| Conclusion | |
| |
| |
| Questions and Problems | |
| |
| |
| |
| Allocating Responsibility For Delays | |
| |
| |
| Preliminary Points and Definitions | |
| |
| |
| Delay Impact Analysis For Single-Path Projects | |
| |
| |
| Delay Impact Analysis For Multi-path (Concurrent Path) Projects | |
| |
| |
| Delay Impact Analysis For Complex Projects With Several Interconnected Concurrent Paths | |
| |
| |
| Conclusion | |
| |
| |
| Questions and Problems | |
| |
| |
| |
| Constructive Acceleration | |
| |
| |
| Voluntary and Directed Acceleration | |
| |
| |
| Constructive Acceleration | |
| |
| |
| A Constructive Acceleration Example | |
| |
| |
| Proving Constructive Acceleration | |
| |
| |
| Contractor's Proper Contractual Procedure | |
| |
| |
| Conclusion | |
| |
| |
| Questions and Problems | |
| |
| |
| |
| Common Rules Of Contract Interpretation | |
| |
| |
| Manifestations of Intent | |
| |
| |
| Generalized Rules of Contract Interpretation | |
| |
| |
| Parole Evidence Rule | |
| |
| |
| The Doctrine of Contra Proferentem | |
| |
| |
| Conclusion | |
| |
| |
| Questions and Problems | |
| |
| |
| |
| Documentation And Records | |
| |
| |
| Documentation | |
| |
| |
| Typical Job Records | |
| |
| |
| Conclusion | |
| |
| |
| Questions and Problems | |
| |
| |
| |
| Construction Contract Claims | |
| |
| |
| Threshold Matters | |
| |
| |
| "Red Flag" Contract Provisions | |
| |
| |
| Methods of Proving Price and Time Quantum | |
| |
| |
| Conclusion | |
| |
| |
| Questions and Problems | |
| |
| |
| |
| Dispute Resolution | |
| |
| |
| Courts of Law | |
| |
| |
| Hearings Before the Federal Boards of Contract Appeals | |
| |
| |
| Arbitration | |
| |
| |
| Alternative Dispute Resolution | |
| |
| |
| Conclusion | |
| |
| |
| Questions and Problems | |
| |
| |
| Bibliography | |
| |
| |
| Index | |