Principles and Practices of Construction Law

ISBN-10: 0130325767

ISBN-13: 9780130325761

Edition: 2002

Authors: Nancy J. White

List price: $197.20
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For courses in Construction Law. Principles and Practices of Construction Law presents the most common areas of law encountered in the construction industry in an easy-to-read format. Geared to those not yet studying law, the legal concepts are simplified and presented in a basic and simple format that is understandable, practical, and devoid of excessive legal detail that can be overwhelming. The text is designed to build students' ability to think critically, solve legal problems, and write comprehensible solutions to claims and issues arising in the construction process.
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Book details

List price: $197.20
Copyright year: 2002
Publisher: Prentice Hall PTR
Publication date: 9/14/2001
Binding: Hardcover
Pages: 448
Size: 7.50" wide x 9.25" long x 1.00" tall
Weight: 2.024
Language: English

Introduction to the Legal System and the Maxims of Law
Legal and Equitable Maxims
Maxims of Law
Summary of the Legal System in the United States
Types of Law
Hierarchy of Law
River of Law
Issues of Law and Issues of Fact
Issues of Law
Criminal Law and Civil Law
Anatomy of a Civil Lawsuit
Typical Path of a Lawsuit through the Legal System
Anatomy of an Arbitration
A Short History of Law in Western Cultures
Model Jury Charge
Applying and Using the Law
Rules of Life and Rules of the Legal System
The Argument
Logical Fallacies/Fallacious Arguments
How to Handle a Fallacious Argument
Preparing Legal Arguments and Briefing Cases
Components of a Legal Argument or Problem
The Premises of a Legal Argument
How to FIRPA
Common Problem Areas
Briefing Cases: Trips Down the Rabbit Hole
Sample Problem with Student FIRPA
Case: Grace Community Church v. Gonzales
Case: Erlich v. Menezes
Law, Ethics, and Morality
Why Has Ethics Become So Important?
Definitions of Law, Ethics, Morality, and Values
Theories of Law, Ethics, and Morality
Subjectivist Theories: Nihilism and Relativism
Business Ethics
How to Determine Whether an Action is Highly Ethical
Why People Are Unethical
Differences between International Ethics and DomesticEthics
Foreign Corrupt Trade Practices Act
The Origin of Our Ethics
Relationships Among the Parties on the Project
Legal Entities Commonly Involved in the Construction Industry
Fundamental Contractual Relationships
Project Delivery Methods
Mistakes in Bidding
Contract Formation
Mistakes in Bids
State Laws Regarding Contractor Mistakes in Bids
Specifications and Plans
Defective Construction Caused by Faulty Construction Practices
Defective Construction Caused by Defective Plans or Specifications
Other Concepts Relevant to Specifications
Simplified Approach to Scope Issues
Case: Blinderman Construction Co.
Case: Community Heating and Plumbing Co. v. Kelso
Changes and Additions to the Contract
Constructive Change
Destruction of the Contract
Additional Work and Additional Payment
Promissory Estoppel
Delays and Acceleration
Inexcusable Delay
Excusable Delay
Compensable Delay
Turning a Compensable Delay into an Excusable Delay
Case: United States Steel Corp. v. Missouri Pacific Railroad Co.
Differing and Unforeseen Site Conditions
Differing Site Conditions
Unforeseen Site Conditions: Contractor Liability
Unforeseen Site Conditions: Owner Liability
Prebid Site Inspection
Case: Randa/Madison Joint Venture III v. Dahlberg
Express Warranties
Implied Warranties
Case: Mullis v. Brennan
Termination of the Contract and Contract Damages
Material Breach versus Partial Breach
Mitigation of Damages
Cost Rule versus Value Rule
Limiting and Controlling Contract Damages
Torts and Tort Damages
Mistakes and Negligence
Negligent Misrepresentation
Negligence per se
Liability of Designer to Subsequent Users of the Designed Product
Liability of Designers to Contractors and Subcontractors
Intentional Torts and Fraud
Deceptive Trade Practices
Strict Liability
Assumption of the Risk
Tort Damages or Proximate Cause Damages
Case: McCaughtry v. Barwood Homes Association
Citations for Four Rules of Liability of Designers to Contractors and Subcontractors
Selected Sections of the Uniform Deceptive Trade Practices Act
Joint Liability and Indemnity
Joint Liability
Settlement by a Jointly Liable Party
Indemnification and Contribution
Indemnity and Indemnity Clauses
Additional Insured
State Statutes Limiting Indemnity Clauses
Types of Bankruptcy
Automatic Stay
Executory Contracts
Fraudulent Transfers and Preferences
Involuntary Bankruptcy
Selected Bankruptcy Exemptions
Dispute Resolution
Negotiation (Attorneys Not Involved)
Attorney-Assisted Negotiation
Approaching a Negotiation/Mediation
The Actual Negotiation/Mediation
Types of Negotiators to Watch Out For
Frequently Asked Questions
What Are Some Current Topics of Importance in the Construction Industry?
What Are Some of the Most Common Areas of Problems/Claims in the Industry?
What Are the Most Important Skills Needed in the Industry?
How Can I Avoid a Lawsuit?
What Should I Do When I Make a Mistake?
When Should I Call an Attorney?
What Are Some Killer Clauses?
Questions to Ask about the Prime Contract
Questions to Ask about the Subcontract
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