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Legal Aspects of Architecture, Engineering and the Construction Process

ISBN-10: 0534953239
ISBN-13: 9780534953232
Edition: 6th 2000
Authors: Sweet
List price: $178.95
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Book details

List price: $178.95
Edition: 6th
Copyright year: 2000
Publisher: Course Technology
Publication date: 6/11/1999
Binding: Hardcover
Pages: 1024
Size: 8.27" wide x 9.84" long
Weight: 4.356
Language: English

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
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
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
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
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
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
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
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
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
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
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
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
Compensation and Other Owner Obligations
Contractual Fee Arrangements
Time for Payment
Payment Despite Nonperformance
Other Client Obligations
Problems
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
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
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
Planning the Project: Compensation and Organization Variations
Overview
Pricing Variations
Problems
Traditional Organization: Owner''s Perspective
Modern Variations
Administrative Problems
Problems
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
Sources of Construction Contract Rights and Duties: Contract Documents and Legal Rules
Contract Documents
Judicially Determined Terms
Contract Interpretation: Chronic Confusion
Basic Objectives
Language Interpretation: Newsom v
United States
Resolving Conflicts and Inconsistencies
Reformation of Contracts
Problems
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
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
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
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
Subsurface

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