Legal Aspects of Architecture, Engineering and the Construction Process

1. Sources of Law: Varied and Dynamic 2. The American Judicial System: A Forum for Dispute Resolution 3. Forms of Association: Organizing to Accomplish Objectives 4. The Agency Relationship: A Legal Concept Essential to Contract Making 5. Contracts and Their Formation: Connectors for Construction Participants 6. Remedies for Contract Breach: Emphasis on Flexibility 7. Losses, Conduct, and the Tort System: Principles and Trends 8. Introduction to the Construction Process: Ingredients for Disputes 9. Limits on Ownership: Land Use Controls 10. Professional Registration and Contractor Licensing: Evidence of Competence or Needless Entry Barrier? 11. Contracting for Design Services: Pitfalls and Advice 12. Professional Design Services: The Sensitive Issues 13. Compensation and Other Owner Obligations 14. Professional Liability: Process or Product? 15. Risk Management: A Variety of Techniques 16. Intellectual Property: Ideas, Copyrights, Patents, and Trade Secrets 17. Planning the Project: Compensation and Organization Variations 18. Competitive Bidding: Theory, Realities, and Legal Pitfalls 19. Sources of Construction Contract Rights and Duties: Contract Documents and Legal Rules 20. Contract Interpretation: Chronic Confusion 21. Changes: Complex Construction Centerpiece 22. Payment: Money Flow as Lifeline 23. Expectations and Disappointments: Some Performance Problems 24. Defects: Design, Execution, and Blurred Roles 25. Subsurface Problems: Predictable Uncertainty 26. Time: A Different but Important Dimension 27. Claims: By-Products of Construction Process 28. The Subcontracting Process: An "Achilles Heel" 29. The Design Professional as Judge: A Tradition Under Attack 30. Construction Disputes: Arbitration and Other Methods to Reduce Costs and Save Time 31. Indemnification and Other Forms of Shifting and Sharing Risks: Who Ultimately Pays? 32. Surety Bonds: Backstopping Contractors 33. Terminating a Construction Contract: Sometimes Necessary but Always Costly APPENDIX A - Standard Form of Agreement between Owner and Architect APPENDIX B - Standard Form of Agreement between Owner and Contractor APPENDIX C - General Conditions of the Contract for Construction APPENDIX D - Performance and Payment Bonds APPENDIX E - Standard Form of Agreement Between Contractor and Subcontractor APPENDIX F - Construction Industry Dispute Resolution Procedures APPENDIX G - Standard Form of Agreement Between Owner and Engineer for Professional Services APPENDIX H - Standard Form of Agreement Between Owner and Contractor for Construction Contract APPENDIX I - Standard General Conditions of the Construction Contract