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Construction Contracting Business and Legal Principles

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ISBN-10: 0130910554

ISBN-13: 9780130910554

Edition: 2nd 2002

Authors: Stuart H. Bartholomew

List price: $213.32
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For courses in Construction Management, Construction Law, and Construction Claims. Exceptionally practical and authoritative, this introduction to construction contracting as it applies to typical, every-day situations explains theoretical ideas in terms of what really happens in practice. It emphasizes the more common case law holdings and industry customs that help avoid troublesome legal issues during the completion of a project.
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Book details

List price: $213.32
Edition: 2nd
Copyright year: 2002
Publisher: Prentice Hall PTR
Publication date: 5/16/2001
Binding: Paperback
Pages: 384
Size: 7.50" wide x 9.25" long x 0.75" tall
Weight: 1.738
Language: English

Interface Of The Law With The Construction Industry
The Typical Parties
Rules for Participants
Liability in the Construction Process
Conclusion
Questions and Problems
Contract Formation, Privity Of Contract, And Other Contract Relationships
What Constitutes a Contract?
Privity of Contract and Other Contract Relationships
Conclusion
Questions and Problems
The Prime Contract--An Overview
The Parties to Construction-Related Prime Contracts
The Nature of the Contractual Services Provided
Commercial Terms
Conclusion
Questions and Problems
Prime Contract--Format And Major Components
Standard Forms-of-Contract
Typical Documents Comprising the Contract
Conclusion
Questions and Problems
Owner-Construction Contractor Prime Contract "Red Flag" Clauses
Threshold "Red Flag" Clauses
Other Important "Red Flag" Clauses
Conclusion
Questions and Problems
Labor Agreements
The Parties
Common Types of Labor Agreements
Labor Agreement Threshold "Red Flag" Provisions
Other "Red Flag" Provisions
Conclusion
Questions and Problems
Purchase Order And Subcontract Agreements
Purchase Orders
"Red Flag" Purchase Order Provisions
Subcontract Agreements
Subcontract "Red Flag" Provisions
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
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