Fundamentals of Construction Law

by Elmore, L. Franklin; Ralls, John W.; Catoe, Lauren E.

• ISBN13: 9781627223003
• ISBN10: 1627223002
• Edition: 2nd
• Format: Paperback
• Copyright: 2016-12-01
• Publisher: American Bar Association

Summary

Explaining the basics of construction law, this is a practical and authoritative overview of the subjects that are at the heart of every construction law dispute. It is based on the concept that what sets construction lawyers apart from other lawyers is not just an understanding of the principles of law which govern construction work, but also their practical understanding of the industry itself and how it works.

Fundamentals of Construction Law, written by some of the best and most seasoned practitioners in the field, explains the key principles of construction law in a logical, useful format, making it a “must have” for any lawyer practicing in this area, particularly those new to the field. Unique among construction treatises, it explains the perspectives of the various “players” in a construction project - owner, designer, constructor, and surety. Chapter authors provide extensive discussion of construction contracts and explain key contract provisions. Other topics include insurance, scheduling, delivery systems, payment provisions, change orders, termination, government contracts, defects, damages, and alternative dispute resolution negotiations and techniques.

Author Biography

L. Franklin Elmore is an attorney at Elmore Goldsmith, PA, in Greenville, South Carolina, where he concentrates on representing various segments of the construction industry, including owners, developers, designers, contractors, and sureties.

John W. Ralls is a trial attorney at Ralls & Niece LLP, in San Mateo, California, who specializes in construction claims, disputes, and counseling.

Lauren E. Catoe is an attorney in the Tampa office of Carlton Fields, PA. Her practice consists of advising clients on the planning and development of large-scale, complex construction projects, with a primary focus on contract preparation, review, and negotiation.

Table of Contents

Table of Contents

Chapter 1. The Owner's Perspective
Chapter 2. The Rights and Responsibilities of the Design Professional
Chapter 3. Role of the Prime Contractor
Chapter 4. Role of the Subcontractor
Chapter 5. A Primer in Contract Surety Law
Chapter 6. Delivery Systems
Chapter 7. Payment Provisions
Chapter 8. Scheduling for a Construction Project
Chapter 9. Changes in the Work
Chapter 10. Default Termination
Chapter 11. Construction Damages
Chapter 12. Construction Insurance: An Introduction
Chapter 13. Alternative Dispute Resolution in the 21st Century
Appendix A: Summary of Significant Construction Law Cases
Appendix B: Glossary
Appendix C: Useful Websites for the Construction Lawyer