Interpreting Construction Contracts

by Thomas, H. Randolph, Ph.D.; Ellis, Ralph D.

• ISBN13: 9780784409213
• ISBN10: 0784409218
• Format: Hardcover
• Copyright: 2008-02-28
• Publisher: Amer Society of Civil Engineers

Summary

Every day, engineers and managers are called upon to understand and execute the terms of construction contracts. Often times these professionals have little or no legal training and find themselves relying upon intuition, common sense or hearsay?with possibly unfortunate and expensive results.In Interpreting Construction Contracts, Thomas and Ellis seek to rescue these contractors, project managers, and contract administrators struggling to interpret these contracts. By using rules set forth by the judiciary and drawing upon decades of legal research and practical experience, the authors discuss the most troublesome contract clauses and present rules to construe them so as to avoid disputes that must be resolved in court. Diagrams and case studies appear, as well as over 70 discussion exercises and solutions, reinforcing the principles introduced in each chapter.As clear as it is pragmatic, Interpreting Construction Contracts is a welcome teaching resource and an essential reference for engineers and managers working in the construction industry.

Author Biography

H. Randolph Thomas is a professor of civil engineering at Pennsylvania State University.

Table of Contents

Introduction	p. 1
Basic Concepts	p. 5
What Is a Contract?	p. 10
Fundamental Principles	p. 17
Types of Changes and Disputes	p. 37
Notice Requirements	p. 49
Extra Work and Oral Change Orders	p. 81
Rules for Contract Interpretation	p. 108
Differing Site Conditions	p. 160
Misrepresentations	p. 200
Defective Specifications	p. 257
The No-Damages-for-Delay Clause	p. 296
Substantial Completion	p. 313
Liquidated Damages	p. 329
Additional Exercises	p. 343
Exercise Solutions	p. 368
Case Table	p. 433
Index	p. 441
About the Authors	p. 451
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