The construction industry -- comprised of owners and lenders, architects and engineers, contractors and subcontractors, material suppliers, sureties and insurers -- is perhaps the largest production segment of the American economy, and quite likely of the world economy. This industry-oriented course (1) addresses the law governing design and construction of America's built environment from commencement of design through completion of construction, (2) focuses on the application of legal principles of contract, tort, restitution and statute to the complex factual contexts of the design and construction process, and (3) explores significant "contextual" contract formation and administration issues unique to this process, including project delivery methods, contract types and industry contract forms, principles of allocation of risk, "contextual" implied warranties and duties, competitive bidding and negotiation selection procedures, changes and extras, differing site conditions, schedule delay and disruption, bonds and suretyship, insurance, payment, designer liability, governmental regulation, and damages.
Grading: Class participation and submission and presentation to the class of a 25 page paper. (With instructor's prior approval, may satisfy the Advanced Research and Writing requirement.)
Categories: Long Paper
Subject Areas: Business and Commercial, Real Estate Law, Torts