Smith, Currie & Hancock's Common Sense Construction Law

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Beschreibung

The #1 construction law guide for construction professionals

Updated and expanded to reflect the most recent changes in construction law, this practical guide teaches readersthe difficult theories, principles, and established rules that regulate the construction business. It addresses the practical steps required to avoid and mitigate risks-whether the project is performed domestically or internationally, or whether it uses a traditional design-bid-build delivery system or one of the many alternative project delivery systems.

Smith, Currie & Hancock's Common Sense Construction Law: A Practical Guide for the Construction Professional provides a comprehensive introduction to the important legal topics and questions affecting the construction industry today. This latest edition features: all-new coverage of Electronically Stored Information (ESI) and Integrated Project Delivery (IPD); extended information on the civil False Claims Act; and fully updated references to current AIA, ConsensusDocs, DBIA, and EJDC contract documents. Chapters coverthe legal context of construction; interpreting a contract; public-private partnerships (P3); design-build and EPC; and international construction contracts. Other topics include: management techniques to limit risks and avoid disputes; proving costs and damages, including for changes and claims for delay and disruption; construction insurance, including general liability, builders risk, professional liability, OCIP, CCIP, and OPPI; bankruptcy; federal government construction contracting; and more. 

  • Fully updated with comprehensive coverage of the significant legal topics and questions that affect the construction industry
  • Discusses new project delivery methods including Public-Private Partnerships (P3) and Integrated Project Delivery (IPD)
  • Presents new coverage of digital tools and processes including Electronically Stored Information (ESI)
  • Provides extended and updated coverage of the civil False Claims Act as it relates to government construction contracting

Filled with checklists, sample forms, and summary 'Points to Remember' for each chapter, Smith, Currie & Hancock's Common Sense Construction Law: A Practical Guide for the Construction Professional, Sixth Edition is the perfect resource for construction firm managers, contractors, subcontractors, architects and engineers. It will also greatly benefit students in construction management, civil engineering, and architecture.



SMITH, CURRIE & HANCOCK LLP was founded in 1965. With offices in Atlanta, Georgia; Charlotte and Raleigh, North Carolina; Fort Lauderdale, Florida; San Francisco, California; Tysons, Virginia; and Washington, D.C., the firm has nationally recognized practices in the areas of construction law, construction insurance, government contracts, and environmental law. The firm represents clients in all 50 states, as well as Puerto Rico, Mexico, Canada, Central America, South America, Europe, Africa, and Asia.

JOHN M. MASTIN, JR. is a Partner at Smith, Currie & Hancock LLP. John has extensive, real-world experience in construction design and engineering, as well as the resolution of construction disputes involving, among other things, contract interpretation, contract changes, schedule delays, acceleration, differing site conditions, and proving costs and damages.

ERIC L. NELSON is a Partner at Smith, Currie & Hancock LLP. Eric practices in the areas of construction law, energy, federal construction procurements, infrastructure, and healthcare markets. He has extensive experience with U.S. federal construction issues, such as the False Claims Act, small business programs, cost and pricing, compliance, Miller Act, Green and sustainable construction, and requests for equitable adjustments and claims.

RONALD G. ROBEY is a Partner at Smith, Currie & Hancock LLP. Ronald specializes in the areas of construction law, insurance, and government contracts and has extensive experience with small and disadvantaged business issues in the federal and state procurement systems and with false claims in federal and in state procurement.

Autorentext

SMITH, CURRIE & HANCOCK LLP was founded in 1965. With offices in Atlanta, Georgia; Charlotte and Raleigh, North Carolina; Fort Lauderdale, Florida; San Francisco, California; Tysons, Virginia; and Washington, D.C., the firm has nationally recognized practices in the areas of construction law, construction insurance, government contracts, and environmental law. The firm represents clients in all 50 states, as well as Puerto Rico, Mexico, Canada, Central America, South America, Europe, Africa, and Asia.

JOHN M. MASTIN, JR. is a Partner at Smith, Currie & Hancock LLP. John has extensive, real-world experience in construction design and engineering, as well as the resolution of construction disputes involving, among other things, contract interpretation, contract changes, schedule delays, acceleration, differing site conditions, and proving costs and damages.

ERIC L. NELSON is a Partner at Smith, Currie & Hancock LLP. Eric practices in the areas of construction law, energy, federal construction procurements, infrastructure, and healthcare markets. He has extensive experience with U.S. federal construction issues, such as the False Claims Act, small business programs, cost and pricing, compliance, Miller Act, Green and sustainable construction, and requests for equitable adjustments and claims.

RONALD G. ROBEY is a Partner at Smith, Currie & Hancock LLP. Ronald specializes in the areas of construction law, insurance, and government contracts and has extensive experience with small and disadvantaged business issues in the federal and state procurement systems and with false claims in federal and in state procurement.

Klappentext

The #1 construction law guide for construction professionals

Updated and expanded to reflect the most recent changes in construction law, this practical guide teaches readers the difficult theories, principles, and established rules that regulate the construction business. It addresses the practical steps required to avoid and mitigate riskswhether the project is performed domestically or internationally, or whether it uses a traditional design-bid-build delivery system or one of the many alternative project delivery systems.

Smith, Currie & Hancock's Common Sense Construction Law: A Practical Guide for the Construction Professional provides a comprehensive introduction to the important legal topics and questions affecting the construction industry today. This latest edition features: all-new coverage of Electronically Stored Information (ESI) and Integrated Project Delivery (IPD); extended information on the civil False Claims Act; and fully updated references to current AIA, ConsensusDocs, DBIA, and EJDC contract documents. Chapters cover the legal context of construction; interpreting a contract; public-private partnerships (P3); design-build and EPC; and international construction contracts. Other topics include: management techniques to limit risks and avoid disputes; proving costs and damages, including for changes and claims for delay and disruption; construction insurance, including general liability, builders risk, professional liability, OCIP, CCIP, and OPPI; bankruptcy; federal government construction contracting; and more.

  • Fully updated with comprehensive coverage of the significant legal topics and questions that affect the construction industry
  • Discusses new project delivery methods including Public-Private Partnerships (P3) and Integrated Project Delivery (IPD)
  • Presents new coverage of digital tools and processes including Electronically Stored Information (ESI)
  • Provides extended and updated coverage of the civil False Claims Act as it relates to government construction contracting

Filled with checklists, sample forms, and summary "Points to Remember" for each chapter, Smith, Currie & Hancock's Common Sense Construction Law: A Practical Guide for the Construction Professional, Sixth Edition is the perfect resource for construction firm managers, contractors, subcontractors, architects, and engineers. It will also greatly benefit students in construction management, civil engineering, and architecture.

Zusammenfassung

The #1 construction law guide for construction professionals

Updated and expanded to reflect the most recent changes in construction law, this practical guide teaches readersthe difficult theories, principles, and established rules that regulate the construction business. It addresses the practical steps required to avoid and mitigate riskswhether the project is performed domestically or internationally, or whether it uses a traditional design-bid-build delivery system or one of the many alternative project delivery systems.

Smith, Currie & Hancock's Common Sense Construction Law: A Practical Guide for the Construction Professional provides a comprehensive introduction to the important legal topics and questions affecting the construction industry today. This latest edition features: all-new coverage of Electronically Stored Information (ESI) and Integrated Project Delivery (IPD); extended information on the civil False Claims Act; and fully updated references to current AIA, ConsensusDocs, DBIA, and EJDC contract documents. Chapters coverthe legal context of construction; interpreting a contract; public-private partnerships (P3); design-build and EPC; and international construction contracts. Other topics include: management techniques to limit risks and avoid disputes; proving costs and damages, including for changes and claims for delay and disruption; construction insurance, including general liability, builders risk, professional liability, OCIP, CCIP, and OPPI; bankruptcy; federal government construction contracting; and more.

  • Fully updated with comprehensive coverage of the significant legal topics and questions that affect the construction industry
  • Discusses new project delivery methods including Public-Private Partnerships (P3) and Integrated Project Delivery (IPD)
  • Presents new coverage of digital tools and processes including Electronically Stored Information (ESI)
  • Provides extended and updated coverage of the civil False Claims Act as it relates to government construction contracting

Filled with checklists, sample forms, and summary Points to Remember for each chapter, Smith, Currie & Hancock's Common Sense Construction Law: A Practical Guide for the Construction Professional, Sixth Edition is the perfect resource for construction firm managers, contractors, subcontractors, architects and engineers. It will also greatly benefit students in construction management, civil engineering, and architecture.



Inhalt

Preface xxv

Author Biographies xxvii

1 The Legal Context of Construction 1

I. Introduction 1

II. Contract Law 1

III. Evolution of Construction Law 3

IV. Torts 4

V. Statutory and Regulatory Laws Affecting the Business of Construction 7

2 Interpreting the Contract 11

I. The Importance of Contract Interpretation 11

II. What is a Contract? 11

III. The Goal of Contract Interpretation 12

IV. Defining Contract Terms 12

V. Interpreting the Contract's Language 13

VI. The Facts and Circumstances Surrounding Contract Formation 15

VII. Resolving Ambiguities 18

VIII. Implied Contractual Obligations 19

IX. Contractual Obligations Arising by Operation of Law 23

3 Alternative Contracting Methods 26

I. Traditional Approach to Construction: Advantages and Disadvantages 26

II. Integrated Project Delivery 27

III. Multiprime Contracting and Fast-Tracking 31

IV. Construction Management 32

V. Design-Build Contracting 35

VI. Design-Build Aspects of Traditional Construction 43

VII. Contractor Liability Issues 47

VIII. Engineer-Procure-Construct 48

IX. Building Information Modeling 51

4 Public-Private Partnerships 56

I. The P3 Alternative 57

II. P3 Project Participants 64

III. P3 Financing Strategies 68

IV. P3 Risk Allocation 73

V. Conclusion 77

5 International Construction Contracts 79

I. Unique Issues 79

II. Project Delivery Methods and Contract Forms 81

III. Dispute Resolution 92

6 Working in a Different State 96

I. Qualifying to Do Business 96

II. State Registration Requirements: Bonds to Secure Payment of Taxes 97

III. State Licensing and Qualifications 98

IV. Public-Sector Construction 99

V. State Statutes and Policies Affecting Contractual Relationships and Terms 101

VI. Preservation of Lien/Bond Rights 107

VII. Project Risk AssessmentForeign States 109

VIII. Information Sources 110

Appendix 6.1 Checklist: Projects in Foreign Jurisdictions 112

7 Competing for the Contract 115

I. Introduction: The Rationale for Competition 115

II. Key Concepts in Traditional Public Competitive BidsResponsiveness and Responsibility 116

III. The Lowest and Best Bidder 122

IV. Negotiated Best Value Selection Process 124

V. Electronic Bids 126

VI. Reverse Auctions 128

VII. General Considerations When Competing on Private Contracts 129

VIII. Effect of Past Performance Evaluations on Award Process 130

IX. Contractor Bid Mistakes 136

X. Bid Protests on State or Local Government Contracts 140

XI. Bid Bonds 142

XII. Bid Shopping: What is the Prime Contractor's Obligation to the Subcontractor Submitting the Lowest Price? 144

XIII. Holding Subcontractors and Vendors to Their Bids 146

XIV. Statute of Frauds Issues 149

XV. Damages 150

8 The Uniform Commercial Code and the Construction Industry 152

I. Applicability to Construction ProjectsPurchasing Equipment and Materials 152

II. Determining When Article 2 Applies 153

III. Modifying U.C.C. Obligations 153

IV. Contract Formation Under the U.C.C. 154

V. Risk of Loss 156

VI. Inspection, Acceptance, Rejection, and Revocation of Acceptance 157

VII. Warranties Under the U.C.C. 160

VIII. Statute of Limitations and Commencement of the Warranty Period 162

IX. Performance Issues 164

9 The Design Professional's Authority and Responsibility 169

I. Overview 169

II. Standard of Care, Professional Responsibility, and Liability 169

III. The Design Professional's Authority 176

...

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Produktinformationen

Titel
Smith, Currie & Hancock's Common Sense Construction Law
Untertitel
A Practical Guide for the Construction Professional
Autor
EAN
9781119540182
Format
E-Book (epub)
Hersteller
Wiley
Genre
Bau- und Umwelttechnik
Veröffentlichung
16.09.2019
Digitaler Kopierschutz
Adobe-DRM
Dateigrösse
10.62 MB
Anzahl Seiten
768
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