Legal Aspects of Architecture, Engineering and the Construction Process

by Sweet,Justin

• ISBN13: 9780495411215
• ISBN10: 0495411213
• Edition: 8th
• Format: Hardcover
• Copyright: 2008-11-14
• Publisher: CL Engineering

Summary

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 developments in the legal aspects of architectural, engineering, and the construction processes, this text is also a valuable reference for practitioners that has been cited in over twenty-five court decisions.

Table of Contents

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

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