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Informationen zum Autor GAIL S. KELLEY is a Professional Engineer and LEED Accredited Professional as well as a licensed attorney in Maryland and the District of Columbia. Gail has an extensive background in design and construction having worked in construction management, structural design, and structural evaluation. Klappentext 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. Zusammenfassung For a construction business to function properly! architects! engineers! and contractors need to understand how the various state and federal laws affect their business and how to avoid disputes and exposure to liability. Inhaltsverzeichnis Preface xix 1 Law and Government 1 1.1 Introduction 1 1.1.1 The Powers of Governments 1 1.1.2 City and County Governments 2 1.1.3 The Powers of the Federal Government 2 1.2 The Sources and Hierarchy of Law 3 1.2.1 The Constitution 3 1.2.2 Statutes and Ordinances 3 1.2.3 Agency Regulations 4 1.2.4 International Treaties 4 1.2.5 Appellate Court Opinions 4 1.3 The American Judicial System 4 1.3.1 Structure of the Court Systems 5 1.3.2 Federal Trial and Appeals Courts 5 1.3.3 State Trial and Appeals Courts 6 1. 4 Common Law 6 1.4.1 Stare Decisis 7 1.4.2 Restatements of the Law 7 1.5 Legal Codes 8 1.5.1 Uniform Codes 8 1.5.2 The Uniform Commercial Code 9 1.6 Legal Doctrines 9 1.7 Choice-of-Law Clauses 10 1.8 Criminal Law versus Civil Law 11 1.9 Cause of Action 11 1.10 Summary Judgment 12 2 Basic Legal Principles 15 2.1 Legal Issues in Construction 15 2.2 Principles of Contract Law 15 2.2.1 Unilateral Contracts versus Bilateral Contracts 16 2.2.2 Oral Contracts 16 2.2.3 Third-Party Beneficiaries 17 2.2.4 Contract Interpretation 17 2.3 Principles of Agency Law 21 2.3.1 Apparent Authority 21 2.3.2 The Principal's Liability for the Agent's Acts 22 2.3.3 Ratification 22 2.4 Principles of Tort Law 23 2.4.1 Intentional Torts 23 2.4.2 Unintentional Torts (Negligence) 23 2.4.3 Strict Liability 27 2.4.4 Misrepresentation 28 3 Project Participants 29 3.1 The Owner 29 3.1.1 Access to the Building Site 30 3.1.2 Restrictions on Use of the Property 31 3.2 The Design Professional Team 31 3.2.1 Site Evaluation Consultants 32 3.2.2 The Geotechnical Consultant 33 3.3 The Construction Team 33 3.3.1 Subcontractors and Suppliers 34 3.4 Construction Lenders 34 3.4.1 Collateral Assignment to Lender 35 3.4.2 Other Lender Requirements 35 3.4.3 Construction Loans 36 3.4.4 Bond Financing 37 4 Project Delivery Systems 39 4.1 Design-Bid-Build 39 4.2 Multiple Primes 41 4.3 Construction Mana...
