Construction Law Commons^™

Cooperative Construction In Schools In California, John Mauck Donley

Master's Theses

Cooperative Construction in Schools in California

John M. Donley

The construction industry has lost efficiency since 1964, while becoming increasingly more litigious. Schools in California can ill afford the time to allow the construction industry time to fully evolve. It may take years or decades to fully improve the efficiency of, and reduce the conflict within the construction industry.

At the same time, the construction industry has developed new processes to improve efficiency and reduce conflict. These processes are beginning to be broadly embraced by the industry. They all contain cooperative elements. Taken together they represent a new organizing principle …

New Trends In Construction Dispute Resolution In Peru: Implementation Of Dispute Boards, Juan Jonnathan Bravo, Jaime Gray, César Guzmán-Barrón, Rigoberto Zúñiga

Jonnathan Bravo Venegas

“...in recent years the Peruvian State has been contracting steadily, with ever larger numbers of infrastructure works that have stimulated the economy and added value to the country. However, the economy is not the only thing to grow with increased construction activ-ity; so too do the problems that arise during execution of contracts..."

Green Building Geography Across The United States: Does Governmental Incentives Or Economic Growth Stimulate Construction?, Darren Prum, Tetsuo Kobayashi

Darren A. Prum

As green building activity continues to rise across the country, some state governments decided to create incentives that would motivate developers to voluntarily pursue third party certification for their real estate projects in order to assist in meeting sustainability and environmental goals. Despite the growing number of studies in green buildings, the geography of green buildings and sustainable construction only includes a few studies, which emphasize the lack of green building research from the spatial perspective and their relevance to public policies the lack of green building research from the spatial perspective and their relevance to public policies. This study …

Book Review. The Undignified Part Of Constitutional Analysis, Timothy W. Waters

Articles by Maurer Faculty

No abstract provided.

Toward A Jurisprudence Of The Civil Rights Acts, Robin West

Georgetown Law Faculty Publications and Other Works

What is the nature of the “rights,” jurisprudentially, that the 1964 Civil Rights Act legally prescribed? And, more generally, what is a “civil right”? Today, lawyers tend to think of civil rights and particularly those that originated in the 1964 Act, as antidiscrimination rights: our “civil rights,” on this understanding, are our rights not to be discriminated against, by employers, schools, landlords, property vendors, hoteliers, restaurant owners, and providers of public transportation, no less than by states and state actors, on the basis of race, gender, ethnicity, age, sexuality or disability. Contemporary civil rights scholarship overwhelmingly reflects the same conception: …

Managing Construction Conflict: Unfinished Revolution, Continuing Evolution, Thomas Stipanowich

Thomas J. Stipanowich

Two decades ago many believed we were experiencing a “Quiet Revolution” in the way conflict was managed, and nowhere was this more true than in the construction sector. Frustration with the costs, delays, risks and limitations of lawyer-driven adjudication prompted growing attention to informal methods aimed at early resolution of disputes, with those who “owned” the dispute back in the driver’s seat. A smorgasbord of options for preventing, managing and resolving conflict was suddenly on the table. There were strategies aimed at the very roots of conflict, including contractual terms aimed at promoting collaboration and reducing the chance of serious …

Construction Law, Frank O. Brown Jr.

Mercer Law Review

This Article focuses on noteworthy construction law opinions by Georgia appellate courts between June 1, 2012 and May 31, 2013, and one case, Estate of Pitts v. City of Atlanta, decided on remand in July 2013. The Article briefly discusses the Georgia False Claims Act,' which became effective July 1, 2012.

Liabilities For Design Defects In A Collaborative, Integrated, Digital Age, Juan Jonnathan Bravo, Jaime Gray

Jonnathan Bravo Venegas

The purpose of this article is to address the new challenges concerning liabilities arising from errors or defects in construction projects that employ new design methods and techniques such as BIM and new collaborative project delivery systems. Following an examination of some relevant legal issues, with particular emphasis on the Peruvian Civil Code, the authors propose that parties should clearly establish in their agreements the scope of work or services and the liability each of them should bear.

Supreme Court To Hear New Case On Religion In Public Life, Richard Garnett

Richard W Garnett

Rick Garnett was quoted in the Washington Post article.

Against this “messy” backdrop, said Richard Garnett, a law professor at Notre Dame, the court’s view on legislative prayer “is actually one of the clearer areas in the court’s Establishment Clause” jurisprudence.

Legal Hurdles Faced By Deep Green Buildings: Case Studies And Recommendations, Kathleen O'Brien, Nicole Denamur, Elizabeth Powers

Washington Journal of Environmental Law & Policy

The recent emphasis on building design, construction, and performance has revealed legal challenges and risks an owner or project team may face when attempting to construct a “deep green” building. The intent of this article is to encourage and facilitate the development of deep green and high performing buildings by reducing perceived and actual risks as well as challenges associated with their development, construction, and operation. This article explores these risks and challenges through a discussion of specific examples from two case study projects located in Seattle, Washington. These examples are arranged in two broad categories: (1) the process of …

Presentation Slides - “Built To Suit” As An Instrument For The Business Constrution Or Renovation In The Contemporary Era: Definition, Characteristics And The Real Estate Receivables Certificates (Rerc)”, Claudia Ribeiro Pereira Nunes

Claudia Ribeiro Pereira Nunes

The construction or renovation is a high economic value investment to the entrepreneur. In many cases, this values disbursement, without prompt financial returns required to carry out the establishment construction or restructuring, hinders its own growth. Justified this work, therefore, implies the need to understand the Built to Suit and its relation to the Real Estate Receivables Certificates (RERC).The aim of this essay is to understand Built to Suit in Contemporary Era. The specific objectives are, after a brief historical analysis of the contract: (i) to outline the definition, (ii) submit their characteristics and special clauses, and (iii) understand the …

Presentation: Luke Beck, Under The Commonwealth: The Royal Succession And The Religious Tests Clause Of The Australian Constitution, After Williams Colloquium (University Of Southern Queensland Oct. 4, 2013), Citing Teachout-Tillman Exchange And Tillman's Interpreting Precise Constitutional Text, Seth Barrett Tillman

Seth Barrett Tillman

Extract from Luke Beck, Presentation, Under the Commonwealth: The Royal Succession and the Religious Tests Clause of the Australian Constitution, After Williams [v Cwlth] Colloquium (University of Southern Queensland Oct. 4, 2013) (on file with author), citing Teachout-Tillman Exchange and Tillman's Interpreting Precise Constitutional Text.

[October 17, 2013]

Army Corps Of Engineers, U.S., Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Provides an overview of how the U.S. Army Corps of Engineers has influenced historical and contemporary economic, environmental, and political developments in the American West.

Will The Construction Contracts Bill Improve Subcontractor Cash Flow?, Tony Cunningham

Other Resources

Cash-flow is very important to any construction business and its effective management is a key function of quantity surveyors, particularly those working in the contracting sector. Successful cash-flow management is challenging at the best of times, but takes on a heightened importance in times of economic difficulty. Irish contractors and, in particular, subcontractors are currently experiencing unprecedented financial difficulties in the wake of the banking and property market collapse. In an attempt to alleviate these difficulties and improve cash flow within the Industry, Senator Feargal Quinn introduced The Construction Contracts Bill 2010, (The Bill) in the Seanad. This study investigates …

Quantum Meruit For The Subcontractor: Has Restitution Jumped Off Dawson's Dock?, Doug Rendleman

Doug Rendleman

No abstract provided.

Arbitration, Women Arbitrators And Sharia, Mohamed Raffa Dr.

Mohamed Raffa Dr.

So, can the Arbitrator be a woman? Omar, the third Khalipha in Islam after Prophet Muhammad, actually appointed a female judge. Today, across the various Muslim countries, there are female judges in almost every Muslim country except in Saudi Arabia. There are about 70 female Iraqi judges, 10 female judges in the UAE, 20 in Egypt female judges and Arbitrators, Nigeria recently appointed the first female Chief Justice in Africa as well as it has one of the largest National Associations of Women Judges; with more in other Muslim Countries including Indonesia and Malaysia.

Understanding Immigration: Satisfying Padilla's New Definition Of Competence In Legal Representation, Yolanda Vazquez

Faculty Articles and Other Publications

Panel Discussion on Padilla v. Kentucky.

Closing The Loophole: Termination Of State Funding For Some Charter City Construction Projects, Michelle Scheinman

McGeorge Law Review

No abstract provided.

Las Voces Opacadas, Los Gritos No Escuchados: La Errónea Concepción Sobre La Represión De La Publicidad Sexista En La Normativa Peruana, Javier André Murillo Chávez

Javier André Murillo Chávez

No abstract provided.

Greenbacks For Building Green: Does A Lender For Sustainable Construction Projects Need To Make Adjustments To Its Current Practices?, Darren Prum

Darren A. Prum

In the development of real property, the availability of money to secure construction resources becomes an important factor for success. The construction loan plays a central role in providing funds to erect a building on real property, but a lender faces numerous exposures that might result in a loss. In evaluating a project to determine its viability and to uncover any exposure it might present, a lender will conduct an extensive underwriting review process and will use mitigation techniques through the construction loan agreement and disbursement requirements to reduce the perceived risks to an acceptable business level, for those developments …