Simplified Guide to Construction Law

Here you’ll find easy-to-read, paragraphed-sized samples of how the courts have viewed common areas of disagreement – and litigation – in the building industry. You’ll read about legal problems that real builders have faced, and how the court ruled.

This book will tell you what you need to know about contracts, torts, fraud, misrepresentation, warranty and strict liability, construction defects, indemnity, insurance, mechanics liens, bonds and bonding, statutes of limitation, arbitration, and more.

These are simplified examples that illustrate not necessarily who is right and who is wrong – but who the law has sided with.

Includes Sections On:

• Construction Law
• Legal Glossary and Legal Terms
• Construction Dictionary

CONTENTS:

Chapter One
Law, 3
1. Construction Law
2. What Law Is
3. Law
4. Statues, Ordinances, and Regulations
5. Interpretation of Statutes, Ordinances, and Regulations
6. Common Law
7. Appeal
8. Appellate Decisions
9. Changing the Law
10. Advocacy
11. How Law Is Made
12. Litigation
13. How ADR Fits In
14. Arbitration
15. Meditation

Chapter Two
Formation and Interpretation of Contracts, 17
1. Exchange
2. Special Requirements
3. Construction Contracts: The Big Picture
4. Entering into a Contract -- Mutual Consent
5. Signature
6. Failure to Read
7. Acceptance by Conduct
8. Unilateral Contract
9. Sort of Contract
10. Counter-Offer
11. Withdrawal to Offer
12. Option
13. Bid Withdrawal
14. Letter of Intent
15. Duress
16. Economic Duress
17. Promissory Estoppels
18. Damages
19. The Uniform Commercial Code
20. Public Bidding
21. Private Competitive Bidding
22. Auction
23. Auction without Reserve
24. No Consideration
25. Consideration
26. Adequacy of Consideration
27. Illegal Consideration
28. Clerical Mistake
29. Mistake of Judgment
30. Illusory Consideration
31. Failure of Consideration
32. Failure of Consideration After Breach of Contract
33. Incompetence
34. Interpretation of Contract -- Trade Practice
35. Typewriting vs. Printing
36. Ambiguity Caused by the Drafter
37. Conflict Between Plans and Specifications
38. Satisfaction Clause

Chapter Three
Changes and Extras, 41
1. Changes
2. Consideration and Modification
3. Oral Modification of Written Contract
4. Estoppel
5. Waiver of Contract Requirements
6. Refusal to Change

Chapter Four
Breach of Contract, 49
1. Breach of Contract
2. Substantial Performance
3. Substantial Performance Inferior
4. Willful Failure
5. Punitive Damages
6. Damages for Breach of Contract
7. Compensatory Damages
8. Breach by Owner
9. Loss of Profit
10. Interest
11. Attorney Fees
12. Stopping the work
13. Anticipatory Breach
14. Recession
15. Owner's Damages for Delay
16. Reasonable Rental Value
17. Liquidated Damages Clause
18. Penalty Clause
19. Bonus Clause
20. Contractor's Damages for Delay
21. Foreseeable Damages

Chapter Five
Torts, 67
1. Negligence
2. Vehicle Liability
3. Indemnity, Vehicles
4. Insurance
5. Subrogation
6. Subrogation Against Insured
7. Workers Compensation
8. The Exclusive Remedy Defense
9. Indemnity and the Exclusive Remedy Defense
10. Implied Indemnity and the Exclusive Remedy Defense
11. Acts of Employees
12. Workers Compensation Lien
13. Recoupment by Employer
14. Legal Duty
15. Jobsite Safety, Multiple Causes
16. Violation of Statute
17. Purpose of Statute
18. Proximate Cause
19. Multiple Causes
20. Injury to Trespasser
21. Attractive Nuisance
22. Assumption of the Risk
23. Release
24. Release II
25. Workers Compensation Release
26. Independent Contractor
27. Ultra Hazardous Activity
28. Peculiar Risk Doctrine

Chapter Six
Fraud and Misrepresentation, 89
1. Option
2. Statement of Fact
3. Negligent Misrepresentation
4. Belief
5. Reliance
6. Promissory Fraud
7. Interference
8. Employer Liable
9. Own Contract
10. Interference with Perspective Economic Advantage
11. Competition Privilege
12. Diversion of Funds

Chapter Seven
Warranty and Strict Liability, 99
1. Implied Warranty
2. Strict Liability
3. Non Consumer
4. Foreseeability
5. Negligence and Strict Liability
6. Express Warranty
7. Warranty and Indemnity
8. Warranty and Statute of Limitations
9. Products Liability
10. The Doctrine of Economic Loss
11. Implied Warranty of Plans.

Chapter Eight
Construction Defects, 115
1. Breach of Contract
2. Negligence
3. Comparative Fault
4. Contribution
5. Indemnity

Chapter Nine
Indemnity, 121
1. Indemnity Clause
2. Duty to Defend
3. Misconduct of Person Indemnified
4. Indemnity Against Sole Misconduct
5. Special Indemnity Clause
6. Indemnity Against Loss
7. Indemnity Language
8. Statute of Limitations in Indemnity Agreements
9. Indemnity Clauses
10. The Duty to Defend and Conflict of Interest

Chapter Ten
Insurance, 131
1. Types of Insurance
2. Builders Risk Insurance
3. All Risk Insurance
4. Liability Insurance
5. Board Form
6. Subcontractor's Insurance
7. The Duty to Defend
8. Reservation of Rights
9. Progressive Loss
10. Efficient Clause

Chapter Eleven
Mechanics Liens, 143
1. Merchant
2. Mechanics Lien Claimant
3. Indemnity
4. Insolvent Contractor
5. Payment Bond
6. Blanket Waiver
7. Estoppel
8. Conditional Release
9. Joint Check
10. Preliminary Notice
11. Equitable Indemnity
12. Equitable Indemnity II
13. Equity
14. Priority
15. Mechanics Lien Property
16. Stop Notices
17. Stop Notices on Private Projects

Chapter Twelve
Bonds and Bonding, 159
1. Principal and Surety
2. Release Bond
3. Payment Bond
4. Indemnity on Bond
5. Indemnity from Subcontractor
6. Performance Bond

Chapter Thirteen
Statutes of Limitations, 167
1. Limitation on Written Contract
2. Limitation on Oral Contract
3. Accrual of Cause of Action
4. Limitation Changed by Contract
5. Construction Defect
6. Statute of Repose

Chapter Fourteen
Arbitration, 175
1. Arbitration Agreement
2. Enforcement of Award
3. Neutrality of Arbitrator
4. Selection of Arbitrator
5. The Award
6. Attack on Award
7. Multiple Party Arbitration
8. Bias of Arbitration
9. Selection of the Arbitrator
10. Rules of Evidence
11. Sham Arbitration Agreement

Chapter Fifteen
Affirmative Action and Prevailing Wages, 187
1. The Programs
2. Affirmative Action
3. Outreach Programs
4. Minorities vs. Women: Do the Same Concepts Apply?
5. Prevailing Wages

Legal Terms, 195

Construction Terms, 209

Index, 283

ABOUT THE AUTHOR:

Jim Acret, a graduate of UCLA Law School, has practiced Construction Law over four decades. In his years of service to the construction industry, he has represented numerous contractors, architects, engineers, owners, developers and sureties.

Jim was a member of the committee that rewrote the California Mechanics Lien Law in 1969 and is considered the Dean of construction lawyers. He is the Author of several legal publications.

298 pages
5-1/2 x 8-1/2 in.