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