Construction Law Commons^™

Mechanic's Lien Priority Rights For Design Professionals

Washington and Lee Law Review

No abstract provided.

Habeas Corpus Committee - Testimony By Powell, Lewis F. Powell Jr.

Habeas Corpus Committee

No abstract provided.

Hazelwood East School District V. Kuhlmeier: The Death Of No Prior Restraint In An Official High School Newspaper, Grace Wigal

West Virginia Law Review

No abstract provided.

Annual Survey Of Virginia Law: Construction Law, Daniel L. Fitch

University of Richmond Law Review

This article examines changes in the statutes affecting the area of construction law made by the General Assembly of Virginia in 1988 and 1989. This article will also examine judicial decisions from 1987, 1988 and the first half of 1989 that have affected construction law in the Commonwealth.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Habeas Corpus Committee - Memoranda, Lewis F. Powell Jr.

Habeas Corpus Committee

No abstract provided.

Maine Woodburning Guide, Office Of Energy Resources

Maine Collection

Maine Woodburning Guide

State of Maine, Office of Energy Resources,

Augusta, Maine, 1988.

Contents: 1 Safe Installation / 2 Buying Firewood / 3 Efficient Woodburning / 4 New Equipment Developments / 5 Chimney and Stovepipe Cleaning

Architectural Malpractice: Toward An Equitable Rule For Determining When The Statute Of Limitations Begins To Run, Jeffrey R. Cruz

Fordham Urban Law Journal

In the past thirty years, the architectural profession has been characterized by dramatic changes in both its legal liabilities and in its relationship with other members of the construction industry. With the recent abrogation of the privity doctrine, strangers to architectural contracts may now sue in tort and architects inevitably find themselves in a multitude of lawsuits. This Note discusses the contractual nature of the owner/architect relationship and the judicial attempts to analogize to relationships in other professions, and then considers the prevailing judicial theories as to when a cause of action accrues against architects and against professionals in general. …

Contracts: Is Promissory Estoppel Forever Estopped In North Carolina - Home Electric Co. Of Lenoir, Inc. V. Hall & (And) Underdown Heating & (And) Air Conditioning Co., Lu Ann Brown

Campbell Law Review

This Note questions the North Carolina Court of Appeals decision in Home Electric Co. of Lenoir, Inc. v. Hall & Underdown Heating & Air Conditioning Co. This Note discusses sections 90 and 87(2) of the Restatement (Second) of Contracts and their corresponding comments and illustrations; the North Carolina Supreme Court decision in Wachovia Bank and Trust v. Rubish; and the rationale of the Fourth Circuit Court of Appeals in Allen M. Campbell Co. v. Virginia Metal Industries, which allowed the affirmative use of the promissory estoppel doctrine in a construction bidding case. This Note also examines the majority …

The Collision Of Tort And Contract In The Construction Industry, Murray H. Wright, Edward E. Nicholas Iii

University of Richmond Law Review

Over the past two decades, several courts have allowed construction industry plaintiffs to assert tort claims to recover for purely economic losses (i.e. other than injury to person or property) from other participants in the construction process. Parties assert tort claims, instead of or in addition to contract claims, to take advantage of the more liberal tort damage rules and, probably more importantly, to escape unfavorable contract provisions. This article briefly discusses the different origins and goals of tort and contract law. It then reviews some of the decisions allowing recovery of purely economic losses in tort as well as …

The Modern Misunderstanding Of Original Intent, H. Jefferson Powell

Faculty Scholarship

No abstract provided.

The Law Of Construction Bonds In Arkansas: A Review, David G. Paul

University of Arkansas at Little Rock Law Review

No abstract provided.

State V. Frontier Acres Community Development District, 472 So. 2d 455 (Fla. 1985), Douglas S. Roberts

Florida State University Law Review

Constitutional Law-NO LAND, NO VOTE: VALIDATING THE ONE-ACRE-ONE-VOTE PROVISION FOR ELECTIONS IN FLORIDA'S COMMUNITY DEVELOPMENT DISTRICTS

A Study In Juristic Realism: The Historical Development And Interpretation Of Construction Industry Indemnification Clauses In Washington, Steven P. Soha

Seattle University Law Review

This Article develops how Washington courts historically have interpreted construction industry indemnification clauses. The Article first addresses the substantive and the primary issue of liability, vel non, under construction industry indemnification provisions. After offering a historical analysis of Washington case law on the subject, the Article analyzes the recent statutory amendments to section 4.24.115 of the Washington Revised Code, which substantially impact the current state of the law and which should resolve many unsettled or ambiguous issues in the case law. This Article then discusses some unique issues that have arisen in the context of attempts to judicially enforce these …

Special Problems Related To Condominium Construction Litigation, W. Michael Holm

Washington and Lee Law Review

No abstract provided.

As The Walls Came Tumbling Down: Architects' Expanded Liability Under Design-Build/Construction Contracting, 17 J. Marshall L. Rev. 1 (1984), Hal G. Block

UIC Law Review

No abstract provided.

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.

Hawaii Tax Held Invalid: Court Decides First Case Of The Term, Patricia D. White

Articles

Aloha Airlines, Inc.

v.

Director of Taxation, State of Hawaii (Docket No. 82-585)

Hawaiian Airlines, Inc.

v.

Director of Taxation, State of Hawaii (Docket No. 82-566)

Argued October 4. 1983. Decided November 1, 1983

Municipal Tort Liability For Erroneous Issuance Of Building Permits: A National Survey, Scott J. Borth

Washington Law Review

Actions alleging municipal tort liability for negligent administration of building and zoning codes are part of the current judicial and legislative trend to abolish municipal tort immunity. In surveying how such actions are treated, this Comment briefly examines the historical background of governmental immunity. It then categorizes the states according to the scope of governmental tort immunity currently recognized. After establishing these categories, this Comment applies the law under each category to the facts of Preston v. City of Daniellville, the hypothetical case. It then analyzes the public duty defense raised by the municipality, focusing on the origin of the …

Construction, Mechanics' And Materialmen's Liens, The Law In Arkansas, Isaac A. Scott Jr.

University of Arkansas at Little Rock Law Review

No abstract provided.

Unconscionability In A Commercial Setting: The Assessment Of Risk In A Contract To Build Nuclear Reactors, Steven Goldberg

Washington Law Review

Eighty-eight Pacific Northwest public utilities in 1976 contracted with the Washington Public Power Supply System ("WPPSS") for the construction of two nuclear power plants. The contract, or Participants' Agreement, contained a so-called "hell-or-high-water" clause which obligated the utilities to pay for the construction of the nuclear plants whether or not any electricity was ever produced. This article explores the possibility that such a clause might be unenforceable because of its unconscionability. The article demonstrates that, contrary to popular belief, unconscionability has often been found in non-consumer commercial settings. It considers several common avenues to finding substantive and procedural unconscionability and …

Large-Scale Commercial Adaptive Use: Preservation Revitalizes Old Buildings - And New Ones Too, Arthur P. Ziegler Jr.

North Carolina Central Law Review

No abstract provided.

The Construction Industry Bidding Cases: Application Of Traditional Contract, Promissory Estoppel, And Other Theories To The Relations Between General Contractors And Subcontractors, 13 J. Marshall L. Rev. 565 (1980), Michael L. Closen, Donald G. Weiland

UIC Law Review

No abstract provided.

Design-Build Contracts In Virginia, Kevin B. Lynch

University of Richmond Law Review

Construction law is a varied and intricate outgrowth of the innumer- able complex relationships inherent in any building project. The role of the architect, once the master builder, has undergone and continues to undergo a redefinition. Due to recent changes in the construction industry, especially the development of construction management and design-build concepts, the regulatory framework within which the building project operates is, in many states, in need of reform. The purpose of this comment will be to examine the impact of the development of design- build concepts on the traditional model of owner, architect, and contractor relationships and to …

Andus V. Allard, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Kaiser Aetna V. United States, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Agins V. City Of Tiburon, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Rhode Island V. Innis, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Enforceability Of Land Use Servitudes Benefiting Local Government In Washington, Stephen Phillabaum

Seattle University Law Review

Washington courts are free to enforce publicland use servitudes. Of the elements required for a servitude to run with the land, form, notice, and touch and concern on the burden side do not bar running. Only the touch and concern element applied on the benefit side is a potential bar. Washington conceivably could allow public land use servitudes to run with the land by following the minority position of not requiring touch and concern on the benefit side. A less stringent theory, however, is available to enforce public land use servitudes. Washington has not adopted a rule that public servitudes …

"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.