Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Contracts (6)
- Property Law and Real Estate (6)
- Architecture (3)
- Engineering (3)
- Labor and Employment Law (3)
-
- Torts (3)
- Business (2)
- Commercial Law (2)
- Construction Engineering (2)
- Environmental Law (2)
- Housing Law (2)
- Insurance Law (2)
- Legal Education (2)
- Legal Profession (2)
- Legislation (2)
- Real Estate (2)
- State and Local Government Law (2)
- Urban, Community and Regional Planning (2)
- Architectural Engineering (1)
- Business Organizations Law (1)
- Civil Procedure (1)
- Civil Rights and Discrimination (1)
- Civil and Environmental Engineering (1)
- Constitutional Law (1)
- Construction Engineering and Management (1)
- Consumer Protection Law (1)
- Courts (1)
- Criminal Law (1)
- Institution
-
- Seattle University School of Law (4)
- University of Michigan Law School (3)
- Roger Williams University (2)
- American University in Cairo (1)
- Maurer School of Law: Indiana University (1)
-
- Mitchell Hamline School of Law (1)
- Schulich School of Law, Dalhousie University (1)
- St. Thomas University College of Law (1)
- Technological University Dublin (1)
- Texas A&M University School of Law (1)
- The British University in Egypt (1)
- The Catholic University of America, Columbus School of Law (1)
- University of Georgia School of Law (1)
- University of Kentucky (1)
- University of Missouri School of Law (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- University of Richmond (1)
- Publication Year
- Publication
-
- Seattle University Law Review (3)
- Life of the Law School (1993- ) (2)
- Michigan Law Review (2)
- Architectural Engineering (1)
- Catholic University Law Review (1)
-
- Faculty Publications (1)
- Faculty Scholarship (1)
- Georgia Journal of International & Comparative Law (1)
- Indiana Law Journal (1)
- Innis Christie Collection (1)
- Kentucky Law Journal (1)
- Michigan Business & Entrepreneurial Law Review (1)
- Mitchell Hamline Law Review (1)
- Nevada Law Journal (1)
- Other Resources (1)
- Seattle Journal of Technology, Environmental, & Innovation Law (1)
- St. Thomas Law Review (1)
- Theses and Dissertations (1)
- University of Richmond Law Review (1)
- Publication Type
Articles 1 - 23 of 23
Full-Text Articles in Construction Law
Integrated Project Delivery (Ipd): A Contractual Framework For The Egyptian Construction Industry, Sarah Hussain
Integrated Project Delivery (Ipd): A Contractual Framework For The Egyptian Construction Industry, Sarah Hussain
Theses and Dissertations
This abstract highlight the significant findings and contributions of the study, which aimed to develop model clauses specifically tailored to the Egyptian construction industry for multi-party construction contracts. The research methodology encompassed several key components. Firstly, a comprehensive literature review was conducted to explore the various construction delivery methods prevalent in Egypt. This review provided a solid foundation for understanding the existing practices and identifying areas for improvement. The study also delved into the concept of Integrated Project Delivery (IPD) and its potential benefits as well as an analysis of the commonly used standard forms of contract and successful case …
Law School News: Joyce And Bill Cummings Of Cummings Foundation To Deliver Keynote Address At Rwu Commencement 4-20-2023, Jill Rodrigues
Law School News: Joyce And Bill Cummings Of Cummings Foundation To Deliver Keynote Address At Rwu Commencement 4-20-2023, Jill Rodrigues
Life of the Law School (1993- )
No abstract provided.
International Construction Law: The Development Of The Business And Human Rights Treaty And Its Implications On Migrant Workers, Anna Parks Muecke
International Construction Law: The Development Of The Business And Human Rights Treaty And Its Implications On Migrant Workers, Anna Parks Muecke
Georgia Journal of International & Comparative Law
No abstract provided.
Law School News: National Housing Advocate Named To Lead Rwu's New Real Estate Initiatives 02/08/2022, Roger Williams University School Of Law
Law School News: National Housing Advocate Named To Lead Rwu's New Real Estate Initiatives 02/08/2022, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Whose Choice?: The Future Of Construction (And Maybe All) Labor Law, Michael J. Hayes
Whose Choice?: The Future Of Construction (And Maybe All) Labor Law, Michael J. Hayes
Catholic University Law Review
The current National Labor Relations Board ("Board') since 2018 has indicated an interest in changing the law on employee representation by unions in the construction industry, culminating in a final rule issued on April 1, 2020. As the article discusses, this proposal is likely to have effects in many industries other than construction, because many other industries in the U.S. are becoming more like the construction industry has long been. The Board’s rule has changed what's required for a construction union to remain the representative of a construction employer's employees, which the Board justified as serving "employee choice" about union …
The New Decade Of Construction Contracts: Technological And Climate Considerations For Owners, Designers, And Builders, Geoffrey F. Palachuk
The New Decade Of Construction Contracts: Technological And Climate Considerations For Owners, Designers, And Builders, Geoffrey F. Palachuk
Seattle Journal of Technology, Environmental, & Innovation Law
In the next decade, the construction industry faces two intertwined risks: implementation of new technologies and the impacts of climate change. Those overlapping risks will present both practical and legal issues for design professionals, developers, builders, legislators, and the public at large. Although the average participant in the construction industry may not think twice about the emergence or adoption of new technologies, or the effect of climate change on the completed project, those issues present nuanced legal implications. Construction projects and their contracts must adapt. While companies seek to implement new technologies, provide sustainable products, optimize project systems, and maximize …
Contracts: Mndot's Ironically Nonspecific Specifications Should Not Concern Subcontractors—Storms, Inc. V. Mathy Construction Company, David Ribnick
Contracts: Mndot's Ironically Nonspecific Specifications Should Not Concern Subcontractors—Storms, Inc. V. Mathy Construction Company, David Ribnick
Mitchell Hamline Law Review
No abstract provided.
Defective Construction Cgl Coverage: The Subcontractor Exception, Christian H. Robertson Ii
Defective Construction Cgl Coverage: The Subcontractor Exception, Christian H. Robertson Ii
Michigan Business & Entrepreneurial Law Review
In the construction industry, commercial general liability (CGL) insur-ance is the standard policy for managing property damage risks. Histori-cally, CGL policies do not cover an insured’s own defective construction because the insured controls its own work and can reasonably foresee the damage that may result from defective work. But what about the defective work of an insured’s subcontractor? Practical considerations limit an in-sured’s effective control of every aspect of a subcontractor’s work, and this limitation complicates the insured’s ability to foresee future risks. In 1986, the increasing involvement of subcontractors led general contractors to in-sist upon protection from subcontractor work …
Under Construction: The Past, Present, And Future Of Chapter 40, Nevada's Construction-Defect Laws, Stephen A. Davis
Under Construction: The Past, Present, And Future Of Chapter 40, Nevada's Construction-Defect Laws, Stephen A. Davis
Nevada Law Journal
No abstract provided.
Correcting A False Step: Rethinking Overhead For The "Actual Expenses" Affirmative Defense To The Texas Construction Trust Fund Act, Wayne R. Barnes
Correcting A False Step: Rethinking Overhead For The "Actual Expenses" Affirmative Defense To The Texas Construction Trust Fund Act, Wayne R. Barnes
Faculty Scholarship
In a typical construction project, an owner contracts with a general contractor to construct improvements or make repairs to real property. The owner agrees to pay a total contract price for the work. Often, the general contractor then contracts with subcontractors, laborers, materialmen, and other suppliers to do aspects of the job. These are part of the contractor’s costs to do the work for owner, and the expectation is that the contractor will pay his subcontractors and laborers from the money received from the owner. All too frequently, unfortunately, contractors receive the payment from the owner and then do not …
The Riai Standard Form Of Contract 2012 Edition: A Review, Tony Cunningham
The Riai Standard Form Of Contract 2012 Edition: A Review, Tony Cunningham
Other Resources
The RIAI ‘yellow’ and ‘blue’ Forms of Contracts have been recently amended and published as the 2012 edition. The yellow form where quantities form part of the contract is identical to the 2011 edition and has been republished as the 2012 edition. The 2011 version superseded the 2002 version. This paper reviews and synopsises the provisions of the 2012 RIAI ‘yellow’ form of contract and identifies the principle changes to the 2002 edition.
Construction Law, Christopher G. Hill
Construction Law, Christopher G. Hill
University of Richmond Law Review
This article will review recent case law and legislative enactments in Virginia of significance to Virginia's contractors, subcontractors, material suppliers and design professionals. The article will also discuss the growing sustainable or "green" building trend in Virginia and elsewhere and the potential issues that this relatively new phenomenon will raise.
Managing Risks Associated With The Jbcc(Principal Building Agreement) From Thesouth African Contractor’S Perspective, Ayman Ahmed Ezzat Othman, Nishani Harinarain
Managing Risks Associated With The Jbcc(Principal Building Agreement) From Thesouth African Contractor’S Perspective, Ayman Ahmed Ezzat Othman, Nishani Harinarain
Architectural Engineering
Construction is a complex and risky business. It is a time-consuming process involving a multitude of organisations with different objectives and skills. In addition, increasing client expectations coupled with the technological development of materials and equipment made the construction industry subject to more risks than any other industry. Contracts are essential tools for organising the relationship between involved parties and managing associated risk. For years the South African construction industry had a very poor reputation in managing construction risks. In order to improve the image of the South African construction industry and to assist contractors to develop their proper risk …
Improving The Construction And Litigation Resolution Process: The 2005 Amendments To The Washington Condominium Act Are A Win-Win For Homeowners And Developers, Mark F. O'Donnell, David E. Chawes
Improving The Construction And Litigation Resolution Process: The 2005 Amendments To The Washington Condominium Act Are A Win-Win For Homeowners And Developers, Mark F. O'Donnell, David E. Chawes
Seattle University Law Review
On August 1, 2005, significant amendments to the Washington Condominium Act (WCA) became effective. These amendments were intended to substantially reduce water infiltration in multiunit residential buildings and to simplify the condominium construction dispute resolution process. The heart of the amendments is the implementation of alternative dispute resolution (ADR) procedures, as well as fee-shiftingprovisions which require the non-prevailing party to pay the attorney fees and costs of the prevailing party. A decade of lawsuits brought under the WCA by condominium owners associations against builders and developers, and in turn by builders against subcontractors, alleging defects in the ability of the …
Of Sinking And Escalating: A (Somewhat) New Look At Stare Decisis, Rafael Gely
Of Sinking And Escalating: A (Somewhat) New Look At Stare Decisis, Rafael Gely
Faculty Publications
This article explores the concept of stare decisis from the escalation of commitment perspective. I argue that the theory of escalation of commitment provides a powerful tool that can be used in our understanding of the application of stare decisis . The literature on the use of precedent is extensive; however, this Article develops a new way of looking at case law development and stare decisis . In particular, the Article contemplates stare decisis as a decision-making process and then considers the academic literature in order that we may gain some insight into that process.
The Fungusamongus: Sick Building Survival Guide, Robert E. Geisler
The Fungusamongus: Sick Building Survival Guide, Robert E. Geisler
St. Thomas Law Review
No abstract provided.
What Shelter Remains For Builder/Vendors Under Rcw 4.16.300-320 After Pfeifer V. Bellingham?, Peter Sandomire
What Shelter Remains For Builder/Vendors Under Rcw 4.16.300-320 After Pfeifer V. Bellingham?, Peter Sandomire
Seattle University Law Review
This Note criticizes Pfeifer's incomplete resolution of the apparent conflict between Wash. Rev. Code §§ 4.16.300-.320 and § 353 of the Restatement (Second) of Torts and calls for a reconsideration of the case. The Note is premised on the general validity of statutes of repose and the merit of the policies that they promote. The Note first reviews briefly the development of statutes of repose generally, how they operate, and how courts in Washington and in other jurisdictions have applied them. It then analyzes the development of the Restatement's § 353 and its policy. Next, it examines the Pfeifer court's …
A Study In Juristic Realism: The Historical Development And Interpretation Of Construction Industry Indemnification Clauses In Washington, Steven P. Soha
A Study In Juristic Realism: The Historical Development And Interpretation Of Construction Industry Indemnification Clauses In Washington, Steven P. Soha
Seattle University Law Review
This Article develops how Washington courts historically have interpreted construction industry indemnification clauses. The Article first addresses the substantive and the primary issue of liability, vel non, under construction industry indemnification provisions. After offering a historical analysis of Washington case law on the subject, the Article analyzes the recent statutory amendments to section 4.24.115 of the Washington Revised Code, which substantially impact the current state of the law and which should resolve many unsettled or ambiguous issues in the case law. This Article then discusses some unique issues that have arisen in the context of attempts to judicially enforce these …
Recent Statutory Developments Concerning The Limitations Of Actions Against Architects, Engineers, And Builders, George Anthony Smith
Recent Statutory Developments Concerning The Limitations Of Actions Against Architects, Engineers, And Builders, George Anthony Smith
Kentucky Law Journal
No abstract provided.
Re United Ass'n Of Journeymen & Apprentices Of The Plumbing & Pipefitting Industry Of The United States And Canada, Local 221, And Fraser-Brace Engineering Co Ltd, Innis Christie, F Quaife, A A. White
Re United Ass'n Of Journeymen & Apprentices Of The Plumbing & Pipefitting Industry Of The United States And Canada, Local 221, And Fraser-Brace Engineering Co Ltd, Innis Christie, F Quaife, A A. White
Innis Christie Collection
The grievor, an employee in the construction industry, was discharged for "loafing". Warnings given by the field superintendent and the general foreman had not been passed down to him by the working foreman, and the privilege of taking "smoke breaks" was "flexible". The agreement provided that an employee could be discharged "for cause". The majority of the board, A.A. White, dissenting, held, even if the requirements of "cause" in the construction agreement were considerably lower than the requirements of "just cause" common in general industrial situations, "cause" for dismissal was not established here. In the construction industry, where foremen …
Mechanics' Liens-Improvements Outside Building--Lien Allowed For The Clearing Of Land Unconnected With The Construction Of A Building, Byron Bronston S.Ed
Mechanics' Liens-Improvements Outside Building--Lien Allowed For The Clearing Of Land Unconnected With The Construction Of A Building, Byron Bronston S.Ed
Michigan Law Review
Plaintiff filed a bill of complaint seeking to enforce a mechanic's lien for the clearing of eighty acres of land pursuant to an agreement with the owners. The bill alleged that plaintiff's lien was superior to a mortgage which, though prior in time of execution, had been recorded subsequent to the inception of the clearing contract. Defendant mortgagee demurred on the ground that land clearance did not qualify for a lien under the pertinent mechanic's lien statute which provided that "every ... person ... who shall do or perform any work or labor upon ... any building or improvement on …
Negligence - Duty Of Care - Liability Of Builder And Architect To Third Party, Raymond J. Dittrich
Negligence - Duty Of Care - Liability Of Builder And Architect To Third Party, Raymond J. Dittrich
Michigan Law Review
The plaintiff, an infant, fell from the back porch of an apartment leased by his parents from a housing authority. The plaintiff brought actions for negligence against the architect who designed the dwelling, the builder who constructed it, and the housing authority which leased it, alleging that the back porch was so designed and constructed as to create a dangerous condition for the users thereof. The trial court dismissed the complaints against the builder and the architect. On appeal, held, reversed. Despite the lack of privity between the builder and the architect and the plaintiff, a good cause of …
Pleadings-Construction-Plaintiff Must Allege Compliance With Statute
Pleadings-Construction-Plaintiff Must Allege Compliance With Statute
Indiana Law Journal
No abstract provided.