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| Sources of Law: Varied and Dynamic | |
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| Relevance | |
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| The Federal System | |
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| Constitutions | |
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| Legislation | |
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| The Executive Branch | |
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| Administrative Agencies | |
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| Courts: The Common Law | |
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| Contracting Parties | |
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| Publishers of Standardized Documents | |
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| Summary | |
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| The American Judicial System: A Forum for Dispute Resolution | |
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| State Court Systems: Trial and Appellate Courts | |
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| The Federal Court System | |
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| Statute of Limitation: Time to Bring the Lawsuit | |
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| Hiring an Attorney: Role and Compensation | |
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| Jurisdiction of Courts | |
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| Parties to the Litigation | |
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| Prejudgment Remedies | |
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| Pleadings | |
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| Pretrial Activities: Discovery | |
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| The Jury | |
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| Trials: The Adversary System | |
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| Judgments | |
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| Enforcement of Judgments | |
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| Appeals: The Use of Precedent | |
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| International Contracts | |
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| Forms of Association: Organizing to Accomplish Objectives | |
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| Relevance | |
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| Sole Proprietorships | |
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| Partnerships | |
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| Profit Corporations | |
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| Nonprofit Corporations | |
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| Professional Corporations | |
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| Joint Ventures | |
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| Unincorporated Associations | |
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| Loose Associations: Share-office Arrangement | |
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| Professional Associations | |
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| Problems | |
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| The Agency Relationship: A Legal Concept Essential to Contract Making | |
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| Relevance | |
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| Policies Behind Agency Concept | |
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| Other Related Legal Concepts | |
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| Creation of Agency Relationship | |
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| Actual Authority | |
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| Apparent Authority | |
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| Problem | |
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| Termination of Agency | |
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| Disputes Between Principal and Third Party | |
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| Disputes Between Agent and Third Party | |
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| Contracts and Their Formation: Connectors for Construction Participants | |
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| Relevance | |
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| The Function of Enforcing Contracts: Freedom of Contract | |
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| Preliminary Definitions | |
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| Contract Classifications | |
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| Capacity to Contract | |
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| Mutual Assent | |
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| Defects in the Mutual Assent Process | |
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| Consideration as a Contract Requirement | |
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| Promises Under Seal | |
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| Writing Requirement: Statute of Frauds | |
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| Problem | |
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| Remedies for Contract Breach: Emphasis on Flexibility | |
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| An Overview | |
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| Relationship to Other Chapters | |
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| Money Awards and Specific Decrees: Damages and Specific Performance | |
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| Compensation and Punishment: Emergence of Punitive Damages | |
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| Protected Interests | |
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| Limits on Recovery | |
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| Cost of Dispute Resolution: Attorney''s Fees | |
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| Interest | |
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| Problem | |
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| Losses, Conduct, and the Tort System: Principles and Trends | |
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| Relevance to the Construction Process | |
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| Tort Law: Some Background | |
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| Negligence: The ""Fault"" Concept | |
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| Nonintentional Nonnegligent Wrongs: Strict Liability | |
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| Claims by Third Parties | |
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| Immunity | |
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| Misrepresentation | |
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| Duty of the Possessor of Land | |
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| Product Liability | |
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| Remedies | |
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| Problems | |
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| Introduction to the Construction Process: Ingredients for Disputes | |
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| Relationship to Rest of Book | |
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| The Eternal Triangle: Main Actors | |
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| The Supporting Cast on a Crowded Stage | |
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| The Construction Contract | |
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| The Delivery Systems | |
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| The Applicable Law | |
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| The Construction Site | |
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| Contract Administration | |
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| International Transactions | |
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| Unresolved Disputes and Litigation | |
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| Limits on Ownership: Land Use Controls | |
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| Nuisance: Unreasonable Land Use | |
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| Soil Support | |
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| Drainage and Surface Waters | |
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| Easements for Light, Air, and View | |
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| Restrictive Covenants | |
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| Development of Land: Expanded Public Role | |
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| Limitations on Land Use Controls: Takings | |
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| Local Land Use Control: The Process | |
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| Original Enabling Acts and Euclidean Zones: The MLDC | |
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| Flexibility: Old Tools and New Ones | |
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| Aesthetics and Control | |
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| Historic and Landmark Preservation | |
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| The Environmental Movement and Owner Liability | |
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| Judicial Review | |
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| Housing and Land Use Controls | |
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| Professional Registration and Contractor Licensing: Evidence of Competence or Needless Entry Barrier? Overview | |
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| Public Regulation: A Controversial Policy | |
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| Administration of Licensing Laws | |
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| The Licensing Process | |
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| Types of Licensing Laws | |
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| Statutory Violations | |
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| Sanctions for Licensing Law Violations | |
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| Should Contractors Be Licensed? Contractor Licensing Laws | |
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| The Unlicensed Contractor: Civil Sanctions | |
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| Indirect Effect: Forum for Consumer Complaints | |
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| The Trained but Unregistered Design Professional: Moonlighting | |
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| Problems | |
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| Contracting for Design Services: Pitfalls and Advice | |
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| Authority Problems | |
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| Financial Capacity | |
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| Competing for the Commission: Ethical and Legal Considerations | |
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| Professional Service Contracts: Some Remarks | |
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| Problems | |
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| Professional Design Services: The Sensitive Issues | |
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| Range of Possible Professional Services: Fees and Insurance | |
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| Traditional Roles of Design Professional: B141-1997 | |
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| Cost Predictions | |
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| Problem | |
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| Assistance in Obtaining Financing | |
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| Economic Feasibility of Project | |
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| Approval of Public Authorities: Dispute Resolution | |
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| Services of a Legal Nature | |
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| Site Services | |
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| Problem | |
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| Hazardous Materials | |
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| Who Actually Performs Services: Use of and Responsibility for Consultants | |
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| Problem | |
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| Ownership of Drawings and Specifications | |
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| Time | |
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| Cessation of Services: Special Problems of the Client-Design Professional Relationship | |
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| Problem | |
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| Judicial Remedy for Breach: Special Problems of Client-Design Professional Relationship | |
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| Problem | |
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| Compensation and Other Owner Obligations | |
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| Contractual Fee Arrangements | |
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| Time for Payment | |
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| Payment Despite Nonperformance | |
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| Other Client Obligations | |
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| Problems | |
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| Professional Liability: Process or Product? Claims Against Design Professionals: On the Increase | |
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| Overview of Chapters 14 and 15 | |
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| Claims Against Design Professionals: Some Illustrations | |
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| Specific Contract Standard | |
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| The Professional Standard: What Would Others Have Done? Expert Testimony | |
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| Implied Warranty: An Outcome Standard | |
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| Third-Party Claims: Special Problems | |
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| Special Legal Defenses | |
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| Remedies | |
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| Current Controversies: Some Observations | |
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| Problems | |
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| Risk Management: A Variety of Techniques | |
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| Sound Economic Basis: Bargaining Power | |
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| Evaluating the Commission: Participants and Project | |
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| Contractual Risk Control | |
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| Indemnity: Risk Shifting or Sharing | |
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| Professional Liability Insurance: Risk Spreading | |
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| Preparing to Face Claims | |
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| Problems | |
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| Intellectual Property: Ideas, Copyrights, Patents, and Trade Secrets | |
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| Relevance to Design Professional | |
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| An Overview | |
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| The Copyright Law of 1976 | |
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| Special Copyright Problems of Design Professionals | |
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| Moral Rights of Artists | |
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| Patents: Some Observations and Comparisons | |
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| Trade Secrets | |
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| Planning the Project: Compensation and Organization Variations | |
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| Overview | |
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| Pricing Variations | |
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| Problems | |
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| Traditional Organization: Owner''s Perspective | |
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| Modern Variations | |
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| Administrative Problems | |
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| Problems | |
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| Competitive Bidding: Theory, Realities, and Legal Pitfalls | |
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| Basic Objectives Reconsidered | |
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| Competitive Bidding: Theories and Some Pitfalls | |
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| The Competitive Bidding Process | |
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| Some Legal Aspects of Competitive Bidding | |
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| Subcontractor Bids | |
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| Problems | |
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| Sources of Construction Contract Rights and Duties: Contract Documents and Legal Rules | |
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| Contract Documents | |
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| Judicially Determined Terms | |
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| Contract Interpretation: Chronic Confusion | |
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| Basic Objectives | |
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| Language Interpretation: Newsom v | |
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| United States | |
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| Resolving Conflicts and Inconsistencies | |
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| Reformation of Contracts | |
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| Problems | |
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| Changes: Complex Construction Centerpiece | |
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| Definitions and Functions of a Changes Clause: Watson Lumber Co | |
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| v. Guennewig | |
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| Shifts in Bargaining Power | |
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| Types of Changes | |
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| Change Order Mechanisms | |
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| Effect of Changes on Performance Bonds | |
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| Problems | |
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| Payment: Money Flow as Lifeline | |
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| The Doctrine of Conditions | |
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| Progress Payments | |
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| Retainage | |
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| Substantial Completion | |
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| Completion and Final Payment | |
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| Payment for Work Despite Noncompliance | |
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| The Certification and Payment Process: Some Liability Problems | |
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| Problems | |
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| Expectations and Disappointments: Some Performance Problems | |
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| Introduction to Chapters 23 through 28 | |
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| Affirmative Legal Doctrines: The Bases for Claims | |
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| Defenses to Claims | |
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| Restitution | |
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| Specific Applications of General Principles | |
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| Problems | |
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| Defects: Design, Execution, and Blurred Roles | |
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| Introduction: The Partnership | |
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| Basic Principle: Responsibility Follows Control | |
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| Displacing the Basic Principle: Unconscionability | |
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| Good Faith and Fair Dealing: a Supplemental Principle | |
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| Acceptance of a Project | |
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| Owner Claims and Divided Responsibility | |
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| Third-Party Claims | |
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| Claims Against Liability Insurer | |
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| Warranty (Guarantee) Clauses | |
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| Implied Warranties in the Sale of Homes: Strict Liability | |
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| Problems | |
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| Subsurface | |