A comprehensive, easy to understand guide to legal issues associated with the construction industry. Written by a construction lawyer and general contractor in collaboration to produce relevant, comprehensive and real-world information. Straight forward material on contract, common, and regulatory law associated with designing and managing construction projects with engaging graphics, exercises and real-world examples. Provides a logical structure for those teaching construction law including case studies and information and resources necessary to meet accreditation requirements for a university construction management degree course.
A clear, concise introduction to construction law for professionals Construction Law: An Introduction for Engineers, Architects, and Contractors offers a comprehensive review of the U.S. legal environment, focusing on the legal concepts and issues applicable to the design and construction industries. Topics covered include: Basic legal principles Project participants Project delivery systems Construction contracts The design process Procurement Pricing construction projects Subcontractors and suppliers Time for performance Construction scheduling Contract administration The payment process Changes to the work Differing site conditions Termination of the construction contract Mechanic's liens Construction insurance Surety bonds Liability for defective construction Calculations of damages The Economic Loss Doctrine Alternative dispute resolution This book serves as an excellent introduction to construction law for students as well as professionals in the construction industry.
There are probably 20-25 subcontracts entered into for every major building contract. However, despite this, there are relatively few books that discuss the problems particular to the subcontract relationship between main contracts and their subcontractors. This book examines the main issues that lead to disputes between contractors and subcontractors, identifies relevant law, including decisions of the courts, and also provides a view as to how other issues might be decided. The second edition has been extensively revised to cover all the 2005 JCT subcontracts and works contracts, and recent case law. Four new chapters have been added on subcontractors selected by thrid parties; organisation of the subcontract; sub-subcontracts; and works contracts under management contracting arrangements. It draws on the author’s extensive experience of managing building subcontracts, as well as his involvement in handling over 130 adjudications.
- The planning system - Financing the project - Public sector projects - Public/private sector partnerships - Tender process - The construction contract - Construction insurance - Ways of operating - Working with others - Working internationally - The engineer's appointment - Collateral warranties - Professional indemnity insurance - Copyright and intellectual property - Employment law - Computers and IT - Law of contract - Law of tort - Environmental law - Health and safety law - Insolvency in construction - Administration of claims - Litigation - Arbitration - Adjudication
Innovating Construction Law: Towards the Digital Age takes a speculative look at current and emerging technologies and examines how legal practice in the construction industry can best engage with the landscape they represent. The book builds the case for a legal approach based on transparency, traceability and collaboration in order to seize the opportunities presented by technologies such as smart contracts, blockchain, artificial intelligence, big data and building information modelling. The benefits these initiatives bring to the construction sector have the potential to provide economic, societal and environmental benefits as well as reducing the incidence of disputes. The author uses a mixture of black letter law and socio-legal commentary to facilitate the discourse around procurement, law and technology. The sections of the book cover the AS IS position, the TO BE future position as predicted and the STEPS INBETWEEN, which can enable a real change in the industry. The rationale for this approach lies in ensuring that the developments are congruent with the existing frameworks provided by the law. The book proposes various steps that the industry should seriously consider taking from the current position to shape the future of the sector and ultimately create a better, more productive and sustainable construction industry. This book is a readable and engaging guide for students and practitioners looking to learn more about construction law and its relationship with technology and for those seeking a platform for graduate studies in this area.
For all courses covering engineering and construction law and/or contracts. This is a comprehensive and up-to-date guide to engineering and construction law and contracts, written from the perspective of practicing engineers and construction professionals. Dr. J. K. Yates covers key issues through examples and case studies, minimizing the use of legal terminology, and explaining all essential legal terms in the common vernacular. This text's broad coverage encompasses these and many other topics: labor, environmental, and sustainability law; professional ethics; tort law; agency relationships; real property law; firm ownership; contracts, including terms and conditions; government contracting; change orders; dispute resolution; risk management and construction insurance; and international legal issues, including arbitration.