Construction Law for Design Professionals Construction Managers and Contractors 1st Edition Sweet Overview
Construction Law for Design Professionals Construction Managers and Contractors 1st Edition Sweet is a condensed – and completely revamped – version of the bestselling authority on engineering law, Legal aspect of architecture,engingeering and the construction process (now in its 9th edition) by Justin Sweet and Marc M. Schneier. For this new book, the authors have directed the text at engineering, architecture and construction management students. Given the authors’ long and deep understanding of the intersection between the law and the construction industry, professors and students can trust this text is unparalleled. The addition of Blake Wentz to the author team emphasizes the commitment to the field. (Source: www.cengage.com)
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About Author:
Justin Sweet is the John H. Boalt Professor of Law, Emeritus at the University of California at Berkeley. Born and raised in Wisconsin, he attended the University of Wisconsin, where he received a B.A., phi beta kappa, in literature in 1951 and an LL.B. in 1953. He was note editor for the “Law Review” and Order of the Coif. After serving on the staff of the attorney general of Wisconsin, he was in the Judge-Advocate General’s Corps and later practiced in Milwaukee. He joined the Boalt faculty in 1958, where he taught Contracts, Construction Law, and Insurance until the early 1990s. Sweet was a visiting professor at the University of Rome (as a Fulbright Lecturer), Hebrew University, University of Leuven in Belgium, Osgoode Hall in Canada, Tel-Aviv University, and the University of Fribourg. He has written articles in many legal journals, many of which were collected in Sweet, Anthology of Construction Law Writings by the American Bar Association in 2010. He also wrote Sweet on Construction Law for the American Bar Association in 1997. Beginning in 2010, he has been writing on historic cases in each issue of the Journal of Legal Affairs & Dispute Resolution in Engineering and Construction. He was the co-founder and director of the International Construction Conference. It met in Fribourg, Switzerland, Berkeley, California and Washington D.C. (Source: www.cengage.com)
Table of Contents:
Part I: A LEGAL FRAMEWORK OF THE DESIGN AND CONSTRUCTION PROCESS.
1. American Legal System.
2. Forms of Business Association and Employment.
3. Contracts: From Formation to Breach.
4. Remedies for Contract Breach: Focus on Construction Disputes.
5. Torts: Legal Relations Not Arising from Contract.
6. Regulation of Land and the Construction Process.
Part II: THE MAIN ACTORS: THE OWNER, PRIME CONTRACTOR AND DESIGN PROFESSIONAL.
7. The Project Participants: Focus on the Owner, Prime Contractor and Construction Manager.
8. Licensing of the Design Professional, Contractor and Construction Manager.
9. The Design Professional-Client Relationship.
10. Professional Design Services: The Sensitive Client Issues and Copyright.
11. Design Professional Liability.
12. Defenses to Claims of Design Professional Liability.
13. Professional Ethics.
Part III: PROJECT DELIVERY METHODS.
14. Project Organization, Pricing, and Delivery Methods.
15. Public Contracts.
16. Performance Disputes Overview: Claims and Defenses to Liability for the Owner and Prime Contractor.
17. Contractor Payment and Project Completion.
18. Changes: Complex Construction Centerpiece.
19. Subsurface Problems: Predictable Uncertainty.
20. Time: Project Scheduling and Delay Claims.
21. The Subcontracting Process: An “Achilles Heel”.
22. Terminating a Construction Contract: Sometimes Necessary but Always Costly.
23. Shifting Losses: Contribution and Indemnity.
24. Insurance.
25. Surety Bonds: Backstopping Contractors.
26. Claims and Disputes: Emphasis on Arbitration.
Appendix A: General Conditions: AIA A201-2007.
Appendix B: General Condition, EJCDC Doc. C-700 (2007).
Appendix C: Owner/Architect Agreement: American Institute of Architects (AIA) B101-2007.
Appendix D: Owner/Contractor Agreement: AIA A101-2007.
Appendix E: Bonds: AIA B312-2010.
Appendix F: Owner/Engineer Agreement, EJCDC Doc. E-500 [2008].
Appendix G: Owner/Contractor Agreement, EJCDC Doc. C-520 (2007).
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