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Legal Aspects of Architecture, Engineering and the Construction Process

93 citations0/0 files storedDuke Law Journal

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Legal principles and applications Construction Project Management and Performance Comparative International Legal Studies

Abstract

PART A: LEGAL FRAMEWORK OF THE DESIGN AND CONSTRUCTION PROCESS. 1. Sources Of Law: Varied And Dynamic. 2. The American Judicial System: A Forum For Dispute Resolution. 3. Forms Of Business Association: Organizing To Accomplish Objectives. 4. Agency And Employment. 5. Contracts: From Formation To Breach. 6. Torts: Legal Relations Not Arising From Contract. 7. Restrictions On Ownership: Land Use Controls And Environmental Law. PART B: THE MAIN ACTORS: THE PRIME CONTRACTOR AND DESIGN PROFESSIONAL. 8. Introduction To The Construction Process: Focus On The Prime Contractor And Regulatory Framework. 9. Licensing Of The Design Professional And Contractor. 10. The Design Professional - Client Relationship. 11. Design Professional Liability. 12. Defenses To Claims Of Design Professional Liability. 13. Intellectual Property: Ideas, Copyrights, Patents And Trade Secrets. PART C: PROJECT DELIVERY METHODS. 14. Project Delivery Variations. 15. Public Contracts. PART D: PERFORMANCE DISPUTES: FROM DESIGN TO TERMINATION. 16. Performance Disputes Overview: Claims And Defenses To Liability For The Owner And Prime Contractor. 17. Construction Contracts And Rules Of Contract Interpretation. 18. Changes: Complex Construction Centerpiece. 19. Payment: Money Flow As Lifeline. 20. Subsurface Problems: Predictable Uncertainty. 21. Time: Project Scheduling And Delay Claims. 22. Dispute Remedies: Damages. 23. The Subcontracting Process: An Achilles Heel. 24. Terminating A Construction Contract: Sometimes Necessary But Always Costly. PART F: RISK MANAGEMENT AND DISPUTE RESOLUTION. 25. Risk Management: Indemnity And Insurance. 26. Risk Management: Surety Bonds Backstopping Contractors. 27. Dispute Resolution Outside Of Litigation: Contractual Claims Process, Arbitration And Other Dispute Resolution Methods. Appendices.

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