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Full-Text Articles in Law

The Multi-Door Contract And Other Possibilities, Thomas J. Stipanowich Dec 1997

The Multi-Door Contract And Other Possibilities, Thomas J. Stipanowich

Thomas J. Stipanowich

The pressure of recent legislative, judicial and administrative developments and increasing awareness of the possibilities of other alternatives is encouraging unprecedented experimentation in the consensual arena. As courts and agencies have experimented with a range of solutions to more effectively address the many and varied controversies presented to them, litigators have been exposed to the possibilities of purposive third party intervention prior to adjudication. At the same time, nonlawyers have recoiled from the perceived high costs of “Total Process” in the litigation mode and have become more proactive in their approaches to conflict. Gradually, both these trends are feeding, together ...


Reconstructing Construction Law: Reality And Reform In A Transactional System, Thomas J. Stipanowich Dec 1997

Reconstructing Construction Law: Reality And Reform In A Transactional System, Thomas J. Stipanowich

Thomas J. Stipanowich

In this article, Professor Stipanowich extensively explores the entire transactional system surrounding contracts for design and construction of the built environment. He examines the legal landscape of construction, focusing on “cases of trouble,” and evaluates options for reforming the legal framework including codification, a Restatement and more narrowing tailored legislation. He also discusses the critical role played by families of contracts and mechanisms for the management of relational conflict.