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The "National Construction Law Manual" has:
- In-depth coverage of just about every legal term someone may throw at you
- What the true meanings of these terms are
- And how they may apply to you in a construction business
Covers contracts, competent parties, legal object, letters of intent, certainty, consideration, illusory contract, mutual assent, offer and acceptance, delivery, contracts without words, options, duress, bidding, modification of forms, owner’s damages for defective construction, contractor’s damages for breach by owner, warranties, and just about every legal issue a contractor can face.
Includes sample contracts, forms, and agreements.
After reviewing the National Construction Law Manual, Mark Benjamin, President of Morley Construction Company, a California based General Contractor, had this to say:
"Jim Acret has influenced the lives of countless professionals over the decades he has practiced law. I am fortunate to be one of them.
Acret's National Construction Law Manual had long been on Jim's mind while lecturing to many professional organizations and university students. But a national volume would be a difficult undertaking, it would have to address the needs of all professional students coast-to-coast and serve as a basic primer for all involved in the construction process. Being a part-time educator, Jim has successfully developed this manual for everyone to use and understand, and has made this difficult subject clear to all.
The National Construction Law Manual is a great resource for professionals who work in the construction environment. The reader can easily gain a very thorough understanding of the legal issues facing the industry, use it to fill in some gaps in his or her knowledge of the subject, or use the manual to refresh previously acquired skills. It takes you through basic contract law, torts, liens, dispute resolution, and the most commonly used contract forms.
For the twenty years I have known Jim, he has never ceased to amaze me with his quick insight, gentle wit, commitment to fairness, plain English, and his unquenchable desire to learn. I know the readers of this book will enjoy the logical flow of the chapters, the clear prose, the relevant examples, and the decades of wisdom bound within this volume."
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.
Table of Contents:
Legal Object
§ 1.04 Letters of Intent
§ 1.05 Certainty
§ 1.06 Consideration
§ 1.07 Illusory Contract
§ 1.08 Mutual Assent
§ 1.09 Offer and Acceptance
§ 1.10 Delivery
§ 1.11 Contracts Without Words
§ 1.12 Options
§ 1.13 Mistake
§ 1.14 Duress
§ 1.15 Contract Induced by Fraud
§ 1.16 Bidding
§ 1.17 Ethics of Bidding
§ 1.18 Promissory Estoppel
§ 1.19 Auctions
§ 1.20 The Battle of Forms
§ 1.21 Modification
§ 1.22 Oral Modification
§ 1.23 Written Change Order Requirement
§ 1.24 Abandonment
§ 1.25 Contracts That Must be in Writing
§ 1.26 Parol Evidence Rule
§ 1.27 Interpretation of Contracts
§ 1.28 Performance
§ 1.29 Performance by Subcontractor
§ 1.30 Excuse for Nonperformance
§ 1.31 Substantial Performance
§ 1.32 Part Performance
§ 1.33 Remedies for Breach of Contract
§ 1.34 Owner's Damages for Defective Construction
§ 1.35 Contractor's Damages for Breach by Owner
§ 1.36 Owner's Damages for Delay
§ 1.37 Waiver
§ 1.38 Estoppel
§ 1.39 Anticipatory Repudiation of Contract
§ 1.40 Prospective Failure of Consideration
§ 1.41 Implied Conditions Concurrent
§ 1.42 Impossibility
§ 1.43 Commercial Frustration
§ 1.44 Third Party Beneficiary Contract
§ 1.45 Assignment
§ 1.46 Illegality
§ 1.47 Express Warranty
§ 1.48 Implied Warranty
§ 1.49 Implied Warranty That Plans Are
Suitable For Construction
§ 1.50 Strict Liability
Chapter 2 - Construction Contracts
§ 2.01 Modem Construction Contracts
§ 2.02 Basic Obligations
§ 2.03 The Scope of the Work
§ 2.04 Contract Price
§ 2.05 Change Orders
§ 2.06 Progress Payments
§ 2.07 One-Year Warranty
§ 2.08 Indemnity
§ 2.09 Property Insurance
§ 2.10 Liability Insurance
§ 2.11 Default
§ 2.12 Liquidated Damages
§ 2.13 Extensions of Time
§ 2.14 No Damages for Delay
§ 2.15 Anti Waiver Clauses
§ 2.16 Final Payment as a Release
§ 2.17 Compliance with Laws
§ 2.18 Contractor to Report Errors
§ 2.19 Value Engineering
§ 2.20 Competent Workers
§ 2.21 Union Labor
§ 2.22 Or Equal
§ 2.23 Insolvency
§ 2.24 Right to Demand Bond
§ 2.25 Bond Provisions
§ 2.26 Scheduling
§ 2.26.05 Flow Down Clauses
§ 2.27 Pay When Paid -- Pay If Paid
§ 2.28 Backcharges
§ 2.29 Backcharges for Delay
§ 2.30 Scope of Subcontract Work
§ 2.31 Dispute Resolution
§ 2.32 Consumer Contracts
§ 2.33 Disclaimers and Exculpatory Clauses
Chapter 3 - Contractors License Law and Illegality
§ 3.01 License Requirement
§ 3.02 Conduct of the Contracting Business
§ 3.03 The Doctrine of Illegality
§ 3.04 Effect on Parties Dealing with Unlicensed Contractor
§ 3.05 Substantial Compliance
§ 3.06 Strict Enforcement of the Doctrine of Illegality
§ 3.07 Owner Builder Exemption
§ 3.08 Recoupment
§ 3.09 Trade Contractors
§ 3.10 Consumer Protection Laws
§ 3.11 Other Forms of Illegality
Chapter 4 - Torts
§ 4.01 Torts
§ 4.02 Negligence
§ 4.03 Negligence Per Se
§ 4.04 Proximate Cause
§ 4.05 Contributory Negligence
§ 4.06 Comparative Negligence
§ 4.07 Attractive Nuisance
§ 4.08 Workers Compensation
§ 4.09 Exclusive Remedy Doctrine
§ 4.10 Peculiar Risk Doctrine
§ 4.11 Comparative Equitable Contribution
§ 4.12 History of Comparative Equitable Indemnity
§ 4.13 Assumption of the Risk
§ 4.14 Releases and Disclaimers
§ 4.15 Economic Loss
§ 4.16 Intentional Torts
§ 4.17 Fraud
§ 4.18 Fraudulent Concealment
§ 4.19 Fraudulent Inducement of Contract
§ 4.20 Negligent Misrepresentation
§ 4.21 Damages for Fraud and Misrepresentation
§ 4.22 Libel and Slander
§ 4.23 Damages
§ 4.24 Malicious Prosecution and Abuse of Process
Chapter 5 - Claims
§ 5.01 Owner's Damages for Delay
§ 5.02 Reasonable Rental Value
§ 5.03 Liquidated Damages
§ 5.04 Contractor's Damages for Delay
§ 5.05 Contractor's Damages for Disruption
§ 5.06 Measure of Damages for Disruption
§ 5.07 Pass Through Claims
§ 5.08 Acceleration and Constructive Acceleration
§ 5.09 Total
§ 5.10 Modified Total Cost
§ 5.11 Restitution
§ 5.12 Abandonment
§ 5.13 Damages for Emotional Distress
Chapter 6 - Mechanics Liens
§ 6.01 Development of the Law
§ 6.02 Security for a Debt
§ 6.03 The Other Side of Unjust Enrichment
§ 6.04 Mechanics Lien: A Cloud on Title
§ 6.05 The Question of Priority
§ 6.06 The Sheriff s Sale
§ 6.07 Construction Loans
§ 6.08 Progress Payments
§ 6.09 Optional Advances
§ 6.10 Mechanics Lien Releases
§ 6.11 Effective Releases
§ 6.12 Release Bond
§ 6.13 Title Company Indemnity
§ 6.14 Motion to Release Lien
§ 6.15 Constitutionality of the Mechanics Lien Statutes
§ 6.16 Enforcement Procedures
§ 6.17 Stop Notices
§ 6.18 Stop Notice Procedures
§ 6.19 Stop Notices on Private Projects
§ 6.20 Equitable Lien
§ 6.21 Payment Bonds
§ 6.22 The Miller Act
§ 6.23 Cumulative Remedies
Includes sample contracts, forms, and agreements.
Includes: Book
By: James Acret
Published by: BNi Building News
ISBN: 1-55701-392-6
404 Pages, 8-1/2 x 11
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