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Legal Aspects of Architecture, Engineering and the Construction Process

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ISBN-10: 0495411213

ISBN-13: 9780495411215

Edition: 8th 2009

Authors: Sweet, Marc M. Schneier

List price: $392.95
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Description:

The primary focus of this text is to provide a bridge for students between the academic world and the real world. This bridge is built through an understanding of what is law, how law is created, how law affects almost every activity of human conduct, and how legal institutions operate. Intended mainly for architectural and engineering students, but increasingly for those in business schools and law schools, this text features a clear, concise, and jargon-free presentation. It probes beneath the surface of legal rules and uncovers why these rules developed as they did, outlines arguments for and against these rules, and examines how they work in practice. Updated with the most recent…    
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Book details

List price: $392.95
Edition: 8th
Copyright year: 2009
Publisher: Course Technology
Publication date: 11/14/2008
Binding: Hardcover
Pages: 769
Size: 8.25" wide x 9.25" long x 1.75" tall
Weight: 4.180
Language: English

For nearly thirty years, Marc M. Schneier has been the Editor of Construction Litigation Reporter, a national reporter analyzing legal developments in the construction industry, which is published by Thomson Reuters/West. He was an Adjunct Professor of Construction Law at the University of San Francisco School of Law, has published numerous articles in various legal journals, and provides consulting services. His first book was CONSTRUCTION ACCIDENT LAW: A COMPREHENSIVE GUIDE TO LEGAL LIABILITY AND INSURANCE CLAIMS, published by the American Bar Association in 1999. His most recent book is LEGAL ASPECTS OF ARCHITECTURE, ENGINEERING AND THE CONSTRUCTION PROCESS, 8th edition, co-authored by…    

Sources of Law: Varied and Dynamic
The American Judicial System: A Forum for Dispute Resolution
Forms of Association: Organizing to Accomplish Objectives
The Agency Relationship: A Legal Concept Essential to Contract Making
Contracts and Their Formation: Connectors for Construction Participants
Remedies for Contract Breach: Emphasis on Flexibility
Losses, Conduct, and the Tort System: Principles and Trends
Introduction to the Construction Process: Ingredients for Disputes
Limits on Ownership: Land Use Controls
Professional Registration and Contractor Licensing: Evidence of Competence or Needless Entry Barrier?
Contracting for Design Services: Pitfalls and Advice
Professional Design Services: The Sensitive Issues
Compensation and Other Owner Obligations
Professional Liability: Process or Product?
Risk Management: A Variety of Techniques
Intellectual Property: Ideas, Copyrights, Patents, and Trade Secrets
Planning the Project: Compensation and Organization Variations
Competitive Bidding: Theory, Realities, and Legal Pitfalls
Sources of Construction Contract Rights and Duties: Contract Documents and Legal Rules
Contract Interpretation: Chronic Confusion
Changes: Complex Construction Centerpiece
Payment: Money Flow as Lifeline
Expectations and Disappointments: Some Performance Problems
Defects: Design, Execution, and Blurred Roles
Subsurface Problems: Predictable Uncertainty
Time: A Different but Important Dimension
Claims: By-Products of Construction Process
The Subcontracting Process: An "Achilles Heel
The Design Professional as Judge: A Tradition Under Attack
Construction Disputes: Arbitration and Other Methods to Reduce Costs and Save Time
Indemnification and Other Forms of Shifting and Sharing Risks: Who Ultimately Pays?
Surety Bonds: Backstopping Contractors
Terminating a Construction Contract: Sometimes Necessary but Always Costly
Standard Form of Agreement between Owner and Architect
Standard Form of Agreement between Owner and Contractor
General Conditions of the Contract for Construction
Performance and Payment Bonds
Standard Form of Agreement Between Contractor and Subcontractor
Construction Industry Dispute Resolution Procedures
Standard Form of Agreement Between Owner and Engineer for Professional Services
Standard Form of Agreement Between Owner and Contractor for Construction Contract
Standard General Conditions of the Construction Contract