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Articles 1 - 9 of 9
Full-Text Articles in Construction Law
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 …
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.
The Law Of Construction Bonds In Arkansas: A Review, David G. Paul
The Law Of Construction Bonds In Arkansas: A Review, David G. Paul
University of Arkansas at Little Rock Law Review
No abstract provided.
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 …
Bid Depositories, George H. Schueller
Bid Depositories, George H. Schueller
Michigan Law Review
The decision by the United States District Court for the Southern District of California in the civil antitrust case of United States v. Bakersfield Associated Plumbing Contractors, Inc. brought in its wake considerable renewed interest, discussion, and activities concerning "bid depositories." This is apparent from the trade press and from inquiries reaching the Antitrust Division, including a number of requests for clearance of bid depository plans through so-called "railroad release" procedures. Even more recently, institution of the civil and criminal antitrust cases of United States v. Arizona Masonry and Plastering Contractors' Association provided further stimulation. The term "renewed" interest and …
Limitations Of Action - Applicable Statute - Third-Party Injury Provision Agreed To By Contractor Subject To Contract Limitation Only, Walter L. Adams
Limitations Of Action - Applicable Statute - Third-Party Injury Provision Agreed To By Contractor Subject To Contract Limitation Only, Walter L. Adams
Michigan Law Review
More than two years following an accident in which they sustained personal injuries when their car fell into defendant's excavation, plaintiffs filed a diversity action in a federal court stating inter alia a cause of action based upon a third-party beneficiary contract entered into by defendant street contractor and the City of Philadelphia for which he was working. The contract provided in essence that defendant alone would be liable for damage sustained by any third party "irrespective of whether or not such injuries ... be due to negligence or the inherent nature of the work." The district court dismissed the …
Master And Servant - Independent Contractor - Inherent Danger Exception, Jerome K. Walsh, Jr. S.Ed.
Master And Servant - Independent Contractor - Inherent Danger Exception, Jerome K. Walsh, Jr. S.Ed.
Michigan Law Review
Defendant was a home-owner whose home was fumigated by an independent contractor. Plaintiff was the administrator of the estate of a water softener service man, who entered the home and was overcome by the cyanide gas used in the operation. It was agreed by the parties that the contractor was negligent in failing to lock all entrances to the home, and in not posting warnings at all entrances. Plaintiffs request to charge the jury that the work was inherently dangerous was refused. The court instructed the jury to determine whether or not the defendant had used due care in selecting …
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 …
Building Up To An Awful Let-Down, Robert J. Knorr
Building Up To An Awful Let-Down, Robert J. Knorr
Cleveland State Law Review
In modem construction, theoretically the duties, liabilities and warranties of those involved in a construction project ordinarily are broken down thus: The owner agrees to furnish the funds; the architect-engineer contracts to furnish experience, know-how, design, engineering plans, specifications, and supervision to assure the owner that he will receive what he requires and pays for; while the contractor agrees to furnish skilled labor,and proper material for the job. However, in actual practice, especially where the owner engages one firm to furnish the architectural drawings, specifications and supervision; another to do the necessary engineering design of the structural elements of the …