Construction Law Commons^™

Law As Hidden Architecture: Law, Politics, And Implementation Of The Burnham Plan Of Chicago Since 1909, 43 J. Marshall L. Rev. 375 (2010), Richard J. Roddewig

UIC Law Review

No abstract provided.

Construction Law, Frank O. Brown Jr.

Mercer Law Review

This Article focuses on noteworthy construction law decisions by Georgia appellate courts between June 1, 2008 and May 31, 2009, and significant construction-related Georgia legislation and regulations during the same period.

Ripe Standing Vines And The Jurisprudential Tasting Of Matured Legal Wines—And Law & Bananas: Property And Public Choice In The Permitting Process, Donald J. Kochan

Brigham Young University Journal of Public Law

No abstract provided.

A Georgia Practitioner's Guide To Construction Performance Bond Claims, Cheryl S. Kniffen

Mercer Law Review

The recent ills of the construction industry have resulted in bonds being required in record numbers on both public and private projects. Typically in a construction project on which a surety bond is required or demanded, the contractor will provide both a performance and a payment bond. This Article focuses exclusively on the performance bond and the claims and defenses related to that bond. This Article also offers practical advice to the general practitioner navigating a performance bond claim or raising defenses to a performance bond claim.

The use of performance bonds dates to the beginning of the construction industry. …

What Owners Want And Governments Do - Evidence From The Oregon Experiment, Bethany Berger

Faculty Articles and Papers

In 2004, Oregonians decisively approved Ballot Measure 37. The measure answered the calls of critics of contemporary takings jurisprudence by requiring either compensation for losses caused by land use restrictions imposed after acquisition of the property or waivers of the restrictions. Three years later, voters acted to repeal most of Measure 37 by an even greater margin. Together the birth, brief life, and rapid demise of Measure 37 comprise an unusual natural experiment in property law. The results of this experiment go to the heart of debates about regulatory takings in property law and policy. First, the Oregon experience resulted …

On Capturing The Possible Significance Of Institutional Design And Ethos, Peter L. Strauss

Faculty Scholarship

At a recent conference, a new judge from one of the federal courts of appeal – for the United States, the front line in judicial control of administrative action-made a plea to the lawyers in attendance. Please, he urged, in briefing and arguing cases reviewing agency actions, help us judges to understand their broader contexts. So often, he complained, the briefs and arguments are limited to the particular small issues of the case. We get little sense of the broad context in which it arises – the agency responsibilities in their largest sense, the institutional issues that may be at …

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 …

Construction Law, Frank O. Brown Jr.

Mercer Law Review

This Article focuses on noteworthy construction law decisions by Georgia appellate courts between June 1, 2007 and May 31, 2008 and significant construction-related legislation enacted by the Georgia General Assembly during the same period.

Construction Law, D. Stan Barnhill

University of Richmond Law Review

No abstract provided.

Criminal Procedure In Perspective, Kit Kinports

Faculty Scholarship

This Article attempts to situate the Supreme Court's constitutional criminal procedure jurisprudence in the academic debates surrounding the reasonable person standard, in particular, the extent to which objective standards should incorporate a particular individual's subjective characteristics. Analyzing the Supreme Court's search and seizure and confessions opinions, I find that the Court shifts opportunistically from case to case between subjective and objective tests, and between whose point of view - the police officer's or the defendant's - it views as controlling. Moreover, these deviations cannot be explained either by the principles the Court claims underlie the various constitutional provisions at issue …

Race-Conscious Student Assignment Plans After Parents Involved: Bringing State Action Principles To Bear On The De Jure/De Facto Distinction, Michael Wells

Scholarly Works

In Parents Involved in Community Schools v. Seattle School District No. 1, a sharply divided Supreme Court struck down two race-conscious school assignment plans aimed at achieving greater racial integration of the public schools. Taking Parents Involved as a starting point, this Article looks ahead to the future of litigation over student assignment plans. By striking down the Seattle and Louisville plans, the decision may "require hundreds of school districts to rethink race-based policies that they use voluntarily to desegregate schools." At the very least, the 5-4 ruling almost certainly did not put an end to race-conscious integration plans or …

Construction Law, Dana R. Grantham, David L. Hobson, David J. Mura Jr.

Mercer Law Review

This Article surveys construction law decisions handed down by Georgia courts and construction-related legislation enacted by the Georgia General Assembly between June 1, 2006 and May 31, 2007. The cases this year are divided into four general categories: (1) contracts, (2) torts, (3) liens and bonds, and (4) arbitration. Recent legislation is summarized in Section V of this Article.

The Dubious Upgrade Of International Development Contracts, Gabriel Swiney

Brigham Young University International Law & Management Review

No abstract provided.

Minneapolis Bridge Collapse: Motivation To Be Smarter On Infrastructure Or Latest In A Trend?, Mary Bortscheller

Sustainable Development Law & Policy

No abstract provided.

Placing The Commercial And Economic Loss Problem In The Construction Industry Context, 41 J. Marshall L. Rev. 39 (2007), Carl J. Circo

UIC Law Review

No abstract provided.

Maryland And The Constitution Of The United States: An Introductory Essay, William L. Reynolds

Maryland Law Review

No abstract provided.

Minnesota's Moisty, Moldy Morass: A Comment On Construction Defect Claims In Minnesota, Terri A. Tersteeg

William Mitchell Law Review

No abstract provided.

Participatory Constitution Making In Post-Conflict States, Angela M. Banks

Faculty Publications

No abstract provided.

Construction Law, Henry L. Balkcom Iv, Dana R. Grantham, Devin H. Gordon

Mercer Law Review

This Article surveys construction law decisions handed down by Georgia courts and construction-related legislation enacted by the Georgia General Assembly between June 1, 2005 and May 31, 2006. As in prior years, the cases discussed are divided into five categories: (1) contracts, (2) torts, (3) mechanics and materialmen's liens, (4) arbitration, and (5) miscellaneous. Recent legislation is highlighted and summarized in Section VI, including a brief overview of the General Assembly's substantial revisions to Georgia's "Right to Repair" Act, the mandatory alternative dispute resolution framework that the legislature put in place in 2004 for residential construction defect claims in Georgia.

Walking The Line Between Contract And Tort In Construction Disputes: Assessing The Use Of Negligent Misrepresentation To Recover Economic Loss After Presnell, Steven M. Henderson

Kentucky Law Journal

No abstract provided.

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 …

Only A Sith Thinks Like That: Llewellyn's "Dueling Canons," One To Seven, Michael B.W. Sinclair

Articles & Chapters

No abstract provided.

Construction Law, Henry L. Balkcom Iv, Dana R. Grantham, Devin H. Gordon

Mercer Law Review

This Article surveys construction law decisions handed down by Georgia courts and construction-related legislation enacted by the Georgia General Assembly between June 1, 2004 and May 31, 2005. As in prior years, the selected cases primarily fall within five categories: (1) contracts, (2) torts, (3) mechanics' and materialmen's liens, (4) arbitration, and (5) miscellaneous. Recent legislation is highlighted in Section VI.

Construction Law, K. Brett Marston, J. Barrett Lucy

University of Richmond Law Review

Since the last survey of this topic published in the fall of 2000, construction law in Virginia has continued to evolve in an array of areas involving issues such as claims on surety bonds, claims against public entities, construction-related products like Exterior Insulation Finishing Systems ("EIFS"), and mechanic's liens. These changes have implicated and better defined legal principles including the "no damage for delay" clause on public contracts, requirements for privity in breach of warranty claims, and implied indemnification. The significant issues in construction law have arisen both in a number of significant judicial decisions, mostly from the Supreme Court …

Pluralistic Deficit And Direct Claims To European Constitutional Courts, Serena Baldin

Indiana Journal of Global Legal Studies

Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.

A Good Rule Assailed, David E. Boelzner

Popular Media

No abstract provided.

"To Sue Or Not To Sue": The Past, Present And Future Of Construction Defect Litigation In Nevada, Robert J. Aalberts

Nevada Law Journal

No abstract provided.

Construction Law, Dennis J. Webb Jr., Henry L. Balkcom Iv, Dana R. Grantham

Mercer Law Review

This Article surveys construction law decisions handed down by Georgia appellate courts between June 1, 2003, and May 31, 2004. The cases discussed primarily fall within five categories: (1) contract; (2) tort; (3) mechanics' and materialmen's liens; (4) arbitration; and (5) legislation. The Article also includes a miscellaneous section covering noteworthy cases that do not fit neatly into the sections enumerated above.

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.

Survey Of 2000 Through 2002 Second Circuit Construction Law Decisions, Timothy Fisher

Faculty Articles and Papers

No abstract provided.