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Construction Law Commons

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Full-Text Articles in Construction Law

Construction Law: The English Route To Modern Construction Law, Vivian Ramsey Jun 2022

Construction Law: The English Route To Modern Construction Law, Vivian Ramsey

Arkansas Law Review

In this Article, I will look at the way that construction law has developed in the English common law world from its roots in the law of England and Wales. Whilst common law traditions are now applied to many jurisdictions, the number of jurisdictions in which English precedents are binding is now small. But, in many common law jurisdictions decisions of the English courts are still treated as “persuasive.” English decisions in the field of construction law have an extensive reach in terms of their persuasiveness. First, having a long-established court system, including a specialist court for 150 years, has …


Construction Law: Its Historical Origins And Its Twentieth Century Emergence As A Major Field Of Modern American And International Legal Practice, Philip L. Bruner Jun 2022

Construction Law: Its Historical Origins And Its Twentieth Century Emergence As A Major Field Of Modern American And International Legal Practice, Philip L. Bruner

Arkansas Law Review

“Construction Law” is a rapidly emerging “capstone” legal field that over the past century has subsumed principles from many traditional fields of law and has contextually created new implied rights and obligations unknown to such traditional fields. Construction law’s emergence has been driven by the extraordinary modern growth in global construction activity, which in 2020 accounted for 13% (US$10.7 trillion) of the global gross domestic product and which by 2030 is expected to grow by another 42%. This growth in construction activities engages millions of firms and persons and has increased considerably the technical complexity and rapidity of changes in …


Samsung C&T Corporation V Duro Felguera Australia Pty Ltd: Hybrid Claims Under The Construction Contracts Act 2004 (Wa), Sean Foy Jan 2018

Samsung C&T Corporation V Duro Felguera Australia Pty Ltd: Hybrid Claims Under The Construction Contracts Act 2004 (Wa), Sean Foy

The University of Notre Dame Australia Law Review

No abstract provided.


Property: A Missed Opportunity: Minnesota Supreme Court Shies Away From Clarifying The Discovery Rule To Toll The Statute Of Limitations In Construction-Defect Litigation—328 Barry Avenue, Llc V. Nolan Property Group, Llc, Sonali Garg Jan 2017

Property: A Missed Opportunity: Minnesota Supreme Court Shies Away From Clarifying The Discovery Rule To Toll The Statute Of Limitations In Construction-Defect Litigation—328 Barry Avenue, Llc V. Nolan Property Group, Llc, Sonali Garg

Mitchell Hamline Law Review

No abstract provided.


Lord Mustill And The Channel Tunnel Case, William W. Park Jun 2015

Lord Mustill And The Channel Tunnel Case, William W. Park

Faculty Scholarship

Over two decades ago, in the now legendary Channel Tunnel Case, the British House of Lords (as it then was) was asked to provide judicial support for the efficient completion of a monumental construction project. The decision in that matter, penned by the late Lord Mustill, illustrates the delicate interplay between the dynamics of otherwise applicable law and the bespoke arbitration framework chosen by sophisticated parties to govern their dispute.


Mold Is Gold: But, Will It Be The Next Asbestos?, Thelma Jarman-Felstiner Apr 2012

Mold Is Gold: But, Will It Be The Next Asbestos?, Thelma Jarman-Felstiner

Pepperdine Law Review

No abstract provided.


Financing Construction On Long Term Leasehold Estates, Douglass Boshkoff Jan 1956

Financing Construction On Long Term Leasehold Estates, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.


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.