Construction Law Commons^™

The Recoverability Of The Cost Of Borrowing In Construction Contracts, Heidi K. Brown, Steven J. Weber, Michele Mintz

Faculty Scholarship

No abstract provided.

Construction Sites, Building Types, And Bridging Gaps: A Cognitive Theory Of The Learning Progression Of Law Students, Paula Lustbader

Faculty Articles

This article uses cognitive and developmental theories of learning as a basis for a theoretical framework analogous to building structures for how students learn in law school. It identifies characteristics of the different stages of learning from novice to expert, explains why and where students get stuck, and offers suggestions on how to help students move to the next stage in their development. The article also includes an appendix with a sample exam and examples of how students would answer the exam at different stages. Students also find it very helpful to see these examples.

Construction Law, Brian J. Morrissey

Mercer Law Review

Last year's survey period focused on efforts to expand the passive concealment doctrine in construction cases and the parameters of arbitration under the Georgia Arbitration Code.

Substantively, with respect to expanding doctrines of fraud as they pertain to construction projects, the courts rejected attempts to impose liability for passive concealment in commercial settings. Historically, the doctrine of passive concealment has been applied to residential building relationships, but never in a commercial transaction. Part of the impetus behind this move is the fact that in a typical construction dispute involving economic damages, statutes of limitations begin to run upon performance, rather …

Personal Reflections On Adarand Construction Co. V. Pena, Steven H. Hobbs

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

The Fungusamongus: Sick Building Survival Guide, Robert E. Geisler

St. Thomas Law Review

No abstract provided.

Fair Housing, Good Housing Or Expensive Housing? Are Building Codes Part Of The Problem Or Part Of The Solution?, 29 J. Marshall L. Rev. 349 (1996), Eric Damian Kelly

UIC Law Review

No abstract provided.

Construction Law, Brian J. Morrissey

Mercer Law Review

During the survey period, the appellate courts of Georgia continued to revisit certain issues that have displayed remarkable persistence in the trial courts.

For example, there were a number of attempts to impose liability directly against lenders on construction projects for the failure to insure that payments were made to contractors in such a way as to avoid the impositions of liens; however, the appellate courts failed to depart from traditional notions that lenders are typically not responsible for such failures.

Of particular significance during this survey period was the outline by the court of appeals of a new doctrine …

Quantifying Liability Under The Architect's Standard Of Care, Murray H. Wright, David E. Boelzner

Faculty Publications

No abstract provided.

The Use Of Penalty Clauses In Location Incentive Agreements, Matthew T. Furton

Indiana Law Journal

No abstract provided.

Frreedom Of Religion

Touro Law Review

No abstract provided.

Criminal Law And Criminology: Survey Of Recent Books, Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.

Construction Law, Brian J. Morrissey

Mercer Law Review

As the construction industry moved through its recession, a number of issues eventually percolated their way through the appellate courts. Not surprisingly, once projects began going under, many of these cases focused on novel theories seeking to impose liability against "deep pockets."

The most significant event during the survey period was the development of a unique approach to impose liability against the government for the insolvency of sureties presented on public works projects, and the abrupt reversal of the adoption of this theory by the Georgia Supreme Court.

Also during the survey period, there were a number of attempts to …

United Structures V. G.R.G. Engineering: Set-Off V. Recoupment In Miller Act Payment Bond Disputes, Dennis M. Sponer

BYU Law Review

No abstract provided.

The Ties Of Natural Justice: Restoring Quantum Meruit For Contractors In Washington, Adam B. Brotman

Washington Law Review

Under Washington case law, quantum meruit is an appropriate means of recovery for contractors when substantial changes occur that are not covered by the contract and were not contemplated by the parties. The Nelse Mortensen and Hensel Phelps decisions severely limited quantum meruit by precluding contractors from recovering under this doctrine as a matter of law. This Comment examines how these two cases are at odds with the historical and philosophical underpinnings of quantum meruit, and with the Washington Supreme Court's decision in Berg v. Hudesman. Rather than apply Hensel Phelps's plain meaning analysis, future quantum meruit decisions should follow …

Due Process: Manshul Construction Corp. V. New York City School Construction Authority

Touro Law Review

No abstract provided.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Annual Survey Of Virginia Law: Construction Law, D. Stan Barnhill, Matthew P. Pritts

University of Richmond Law Review

This article reviews recent legislation and judicial decisions in Virginia affecting owners, contractors, and design professionals in the construction context. The discussion includes amendments to the Code of Virginia promulgated by the General Assembly in the 1992 and 1993 legislative sessions, as well as important cases dealing with construction law issues decided by Virginia's state and federal courts in 1992 and the first half of 1993.

Construction Law, Brian J. Morrissey, Matthew W. Wallace

Mercer Law Review

Nowhere is the downturn in the economy more pronounced than in the construction industry. Contractors and subcontractors are going out of business with increasing frequency. When a party to a construction project defaults on its obligations, everyone else involved in the project is affected. Material suppliers may have been left unpaid, the bank must examine its potential liability, the surety must determine its exposure, and above all else, the work.must be completed. The cases and legislation during this survey period reflect this aspect of the construction industry.

The most significant event during the survey period was the enactment of new …

Judicial Activism Constructs Lenders' Nightmare - Embree Construction Group, Inc. V. Rafcor, Inc. And United Carolina Bank, Philip A. Mullins Iv

Campbell Law Review

This Note will offer a brief history of the case law developed prior to Embree and will analyze the rationale used by the North Carolina Supreme Court in order to make their determination to grant an equitable remedy in this particular case. Next, this Note will examine the holding in Embree and will advance the proposition that the holding in that case is a departure from pre:existing law and cannot be easily reconciled with the case law developed in earlier North Carolina decisions and decisions of Federal Courts applying North Carolina law. Finally, this Note will outline the potential problems …

How Long Is Too Long? When Pretrial Detention Violates Due Process, Floralynn Einesman

Faculty Scholarship

No abstract provided.

Muncipal Law, Honorable Leon D. Lazer

Touro Law Review

No abstract provided.

Thurgood Marshall: Courageous Advocate, Compassionate Judge, Susan Low Bloch

Georgetown Law Faculty Publications and Other Works

Thurgood Marshall's life has spanned virtually the entire twentieth century, allowing him to witness its worst and its best. When he was born in 1908, segregation was legal and pervasive, and racial hatred extreme; in the year of his birth alone, eighty-nine black men were lynched. A grandson of slaves on both sides of his family, Marshall knew, from an early age, both the ugliness and the tenacity of racism. Determined to fight it, Marshall disregarded the difficulties and the dangers, and spent his life battling discrimination, earning the nickname "Mr. Civil Rights." His efforts, coupled with those of others …

Construction Law, Brian J. Morrissey, Matthew W. Wallace

Mercer Law Review

Transactions within the construction industry are becoming increasingly complex as lawyers are required to consider intricate questions concerning such diverse areas as lender liability, insurance, and environmental law, along with the more traditional tort and contract principles. The recent economic downturn in the construction industry has changed the nature of the relationships between contractor, subcontractor, and developer, complicating the lawyer's task. This economic downturn has also sharpened the conflict in the Georgia Court of Appeals between age-old principles of contract and banking law and newer principles that may better reflect the increasingly complex legal environment. For example, Georgia courts have …

The Constitutional Case Against Intracircuit Nonacquiescence, Dan T. Coenen

Scholarly Works

A cornerstone of the United States Constitution is its separation of powers among the legislative, executive, and judicial branches of the national government. The Framers of the Constitution reasoned that separated powers would guard against tyranny by blocking the undue concentration of authority in any single governmental department. In crafting the Constitution, however, the Framers could not anticipate every dispute their scheme of separated powers might engender. One modern separation-of-powers conflict not specifically anticipated by the constitutional text involves so-called "intracircuit nonacquiescence.”

Intracircuit nonacquiescence occurs when executive-branch decision makers refuse to follow a circuit court's precedents even when acting subject …

Airport Regulation, Law, And Public Policy: The Management And Growth Of Infrastructure, Robert M. Hardaway

Sturm College of Law: Faculty Scholarship

Drawing on both the expertise of professionals in the field and a grounding in law and public policy, this book examines the laws governing airport development and addresses the complex regulatory and policy issues surrounding the construction, expansion and operation of airports.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Affirmative Action, Douglas Scherer, John Dunne

Touro Law Review

No abstract provided.

Annual Survey Of Virginia Law: Construction Law, D. Stan Barnhill

University of Richmond Law Review

This article will review recent legislation and judicial decisions in Virginia affecting owners, contractors, and design professionals in the construction context. The discussion will include legislative amendments to the Code of Virginia ("Code") by the General Assembly promulgated in 1990 and the first half of 1991, as well as important cases on construction law decided by Virginia's state and federal courts for the last half of 1989, 1990, and the first half of 1991.

Construction Law, Brian J. Morrissey, R. Kyle Woods

Mercer Law Review

The field of construction law embraces a wide range of topics that students of the law more traditionally recognize as contracts, torts, insurance, remedies, procedure, and property. These traditional legal concepts, however, have special applications in construction industry disputes. Because of the burgeoning nature of construction law practice, a survey within this area of specialization will be helpful to practitioners. This Article is intended to focus upon legal problems and issues of current interest to those who represent owners, architects, engineers, contractors, subcontractors, and suppliers on construction projects. To facilitate an understanding of recent developments in construction law, the authors …

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 …