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Full-Text Articles in Construction Law

When The Rule Invites The Exceptions: How The Arizona Supreme Court's Attempt To Clarify The Economic Loss Rule In Flagstaff Affordable Housing Has Led To Discontinuity In Subsequent Application, Grant H. Frazier, Justin J. Larson Jan 2021

When The Rule Invites The Exceptions: How The Arizona Supreme Court's Attempt To Clarify The Economic Loss Rule In Flagstaff Affordable Housing Has Led To Discontinuity In Subsequent Application, Grant H. Frazier, Justin J. Larson

Barry Law Review

No abstract provided.


Resolving Time Sensitive Construction Disputes: Are Attorneys Just Getting In The Way?, Jeremy Winter Oct 2017

Resolving Time Sensitive Construction Disputes: Are Attorneys Just Getting In The Way?, Jeremy Winter

Pepperdine Dispute Resolution Law Journal

In addition to promoting the usage of other compelling dispute resolution alternatives such as dispute review boards, this Article advances the argument for marginalizing the over-involvement of and dependence upon zealous adversarial attorneys when attempting to resolve time sensitive construction disputes. More specifically, the remainder of this Article is divided into four main sections. Part II will introduce the construction industry's transactional system through the lens of principal construction professionals, examine the different types of construction contracts, and outline some common time sensitive construction disputes. Part III will provide an overview of alternative dispute resolution's rich connection to the construction …


Economic Organization In The Construction Industry: A Case Study Of Collaborative Production Under High Uncertainty, William A. Klein, Mitu Gulati Jan 2004

Economic Organization In The Construction Industry: A Case Study Of Collaborative Production Under High Uncertainty, William A. Klein, Mitu Gulati

Faculty Scholarship

No abstract provided.


Quantum Meruit For The Subcontractor: Has Restitution Jumped Off Dawson's Dock?, Doug Rendleman Jan 2001

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

Scholarly Articles

No abstract provided.


A New Bright Line Rule For General Construction Contractors - Brady V. Fulghum, Kimberly Ann Kelly Jan 1984

A New Bright Line Rule For General Construction Contractors - Brady V. Fulghum, Kimberly Ann Kelly

Campbell Law Review

This note will analyze the background of cases leading up to the rejection of the doctrine of substantial compliance and the effect of those cases, as controlling precedent, in light of the Brady decision. Further, this note will examine the court's opinion to demonstrate that while the court specifically rejected the doctrine it left open the door for recovery by unlicensed general contractors in specific factual circumstances.


"No Damage" Clauses In Construction Contracts: A Critique, Douglas S. Oles May 1978

"No Damage" Clauses In Construction Contracts: A Critique, Douglas S. Oles

Washington Law Review

This comment concludes that "no damage" clauses should not be enforced because they are generally imposed without genuine bargaining and they tend to work oppressive results on a contractor by subjecting it to a risk of substantial and unforeseeable liability for damages arising from delays attributable to the owner. An analogy to the law of liquidated damages provides a useful illustration of the type of inequity which is promoted by enforcing "no damage" provisions, as well as a doctrinal basis for holding such clauses invalid.


The Firm Offer Puzzle: A Study Of Business Practice In The Construction Industry, Franklin M. Schultz Jan 1952

The Firm Offer Puzzle: A Study Of Business Practice In The Construction Industry, Franklin M. Schultz

Articles by Maurer Faculty

No abstract provided.