By Gail Kelley
For a development enterprise to operate adequately, architects, engineers, and contractors have to know the way a number of the country and federal legislation have an effect on their enterprise and the way to prevent disputes and publicity to legal responsibility. This publication bargains a entire evaluation of the united states criminal surroundings, either felony and civil, concentrating on the major felony recommendations and matters appropriate to a regular building venture. development execs will locate transparent, concise advent to a variety of contractual matters with regards to undertaking members, in addition to concerns with regards to the particular building and litigation.Content:
Chapter 1 legislations and govt (pages 1–13):
Chapter 2 uncomplicated criminal rules (pages 15–28):
Chapter three undertaking members (pages 29–37):
Chapter four venture supply platforms (pages 39–49):
Chapter five development Contracts (pages 51–66):
Chapter 6 The layout strategy (pages 67–76):
Chapter 7 The Procurement method (pages 77–86):
Chapter eight Pricing building initiatives (pages 87–96):
Chapter nine Subcontractors and providers (pages 97–112):
Chapter 10 Time for functionality (pages 113–125):
Chapter eleven building Scheduling (pages 127–137):
Chapter 12 agreement management (pages 139–145):
Chapter thirteen The fee approach (pages 147–157):
Chapter 14 alterations to the paintings (pages 159–169):
Chapter 15 Differing website stipulations (pages 171–180):
Chapter sixteen Termination of the development agreement (pages 181–186):
Chapter 17 Mechanic's Liens (pages 187–196):
Chapter 18 building coverage (pages 197–203):
Chapter 19 Surety Bonds (pages 205–210):
Chapter 20 legal responsibility for faulty building (pages 211–219):
Chapter 21 Calculations of Damages (pages 221–238):
Chapter 22 the commercial Loss Doctrine (pages 239–248):
Chapter 23 replacement Dispute answer (pages 249–260):
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Additional info for Construction Law: An Introduction for Engineers, Architects, and Contractors
6 Res Ipsa Loquitur Generally, the plaintiff has the burden of proving that the defendant has not met the standard of a reasonable person. In certain situations, it may be difficult for the plaintiff to make this proof, even though it is unlikely that a certain event could have taken place without the defendant’s negligence. In such cases, it may be possible to shift the evidentiary burden to the defendant under the theory of res ipsa loquitur (“the thing speaks for itself ”). The defendant must then show that the injury did not result from its negligence.
The owner’s reason for undertaking the project can also have a significant effect on the project. Cost concerns are a priority for many owners, particularly if the project will be sold once it is finished. However, if there are critical schedule requirements, the owner may be willing to accept increased costs to ensure that these requirements are met. An owner who intends to occupy the project may view it from a long-term perspective. As such, the owner may be as concerned about the project’s performance and maintenance aspects as the cost.
Nevertheless, the owner is the entity that the work is being done for, and the project must be designed and constructed in accordance with the owner’s requirements. Often, the owner owns the property that the project is being built on. However, in the context of a construction project, the “owner” may also be a tenant doing fit-out of a leased property. Construction Law: An Introduction for Engineers, Architects, and Contractors Copyright © 2013 John Wiley & Sons, Inc. Gail S. Kelley 29 30 CONSTRUCTION LAW The owner’s knowledge and experience in construction may affect its level of participation in the project.