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Smith, Currie and Hancock's Common Sense Construction Law: A Practical Guide for the Construction Professional, 4th Edition
Smith, Currie and Hancock's Common Sense Construction Law: A Practical Guide for the Construction Professional, 4th Edition
Smith, Currie and Hancock's Common Sense Construction Law: A Practical Guide for the Construction Professional, 4th Edition, provides a practical, plain-English introduction to the significant legal topics and questions affecting construction industry professionals. This Fourth Edition offers a complete update of the classic reference, with coverage of the recently revised industry-standard contract documents produced by the AIA, AGC, EJCDC, and others for 2007/2008.
List Price
$110.00
Website Price
$104.50
Author:
Thomas J Kelleher Jr; G Scott Walters; Smith, Currie & Hancock
Format:
Hardcover
Copyright:
2009
Pages:
734
Qty:
Description
Be prepared with the bestselling guide to the laws that govern construction.
Knowledge of construction law and employment law is essential to running a successful construction business. This Fourth Edition of the bestselling Smith, Currie & Hancock's Common Sense Construction Law provides a practical introduction to the significant legal topics and questions affecting construction industry professionals. Like its popular previous editions, this Fourth Edition translates the sometimes-confusing theories, principles, and established rules that regulate the business into clear, layperson's English.
This new edition updates the comprehensive scope of its predecessors with:
Coverage of the newly issued and recently revised industry-standard contract documents produced by the AIA, ConsensusDOCS, and EJCDC for 2007/2008.
A CD featuring sample contracts and documents from AIA, ConsensusDOCS, and EJCDC that familiarizes readers with these important documents, and aids in understanding document citations in the book.
Improved pedagogical tools and instructor support material for use in the classroom.
The most up-to-date and thorough guide to a sometimes intimidating but critical aspect of the practice of construction, Smith, Currie & Hancock's Common Sense Construction Law, Fourth Edition, gives industry professionals the knowledge they need to avoid legal surprises and gain a competitive advantage.
From the Preface
The attorneys of Smith Currie & Hancock LLP have practiced construction law and government contracts law for more than four decades. During that time, we have conducted hundreds of construction and government contract law seminars for clients, trade associations, colleges and universities, and professional groups. Throughout those efforts, our consistent goal has been to provide a practical, common sense perspective to the legal issues affecting the construction industry. In many respects, this book reflects a culmination and refinement of those educational endeavors and the practical approach they entail.
Construction law and other legal concepts and issues are essential to the construction industry, as they provide the theories, principles, and generally established rules that contribute to the smooth running of the construction process. When that process falters and disputes arise involving the design or construction of a project, a variety of procedures can be used to resolve these differences. These procedures vary in their legal formalities; however, an appreciation of these processes and principles should not be limited to lawyers. Individuals in management and supervisory positions in the industry must know what the law requires of them and what they can expect and require from others. Nor can lawyers focus on legal rules and procedures to the exclusion of the business of construction and expect to effectively represent and assist their clients. Construction law and the business of construction are inextricably intertwined. We hope this book reflects this interrelationship in the topics that it covers and the various perspectives and approaches it employs.
Claims and disputes are addressed throughout this fourth edition of Common Sense Construction Law. They must be in any complete and competent analysis of the construction environment. This book, however, is about more than just preparing claims and resolving disputes once they arise. Rather, our goal is to help provide the kind of insight and understanding needed to avoid claims and disputes. Reasonable recognition of the contractual allocation of rights, risks, and legal responsibilities, coupled with a spirit of communication and teamwork in the execution of the work, is far more likely to culminate in a successful project than an atmosphere rife with confrontation and dispute. Practical knowledge of the general rules governing employment-related issues can have the same beneficial result. Of course, the possibility of claims and disputes cannot be ignored. Careful attention and planning is required to avoid disputes and to deal effectively with them when they become inevitable.
The fourth edition of Common Sense Construction Law is a general teaching tool and is not a substitute for the advice of your attorney. Specific concerns and problems require the timely attention of legal counsel familiar with construction law, government contracts, and employment law. Nevertheless, this book will help you to expand your knowledge and awareness of the issues in construction that may affect you at any time. It may not provide all the answers, but you will be well equipped to ask the right questions. To make these materials more useful to you, we have included checklists, sample forms, and summary "Points to Remember" for each chapter.
We thank our clients who have shared their insights and concerns and provided the opportunities for experience and learning that are shared in this book. We also owe much gratitude to the construction industry as a whole for allowing us as construction attorneys to participate in the challenges of the industry to avoid and resolve problems. We hope this work will contribute to the worthy goals of the industry. We also hope that this book helps its readers pursue their interests in and commitments to construction from concept to completion.
Table of Contents
Preface. Author Biographies. Chapter 1: Legal Context of Construction. Chapter 2: Alternative Contracting Methods. Chapter 3: Preparing to Work in a New State: Preproposal and Performance Considerations. Chapter 4: Competing for the Contract. Chapter 5: Intepreting the Contract. Chapter 6: The Uniform Commercial Code and the Construction Industry. Chapter 7: Authority and Responsibility of the Design Official. Chapter 8: Subcontract Administration and Dispute Avoidance. Chapter 9: Contract Changes. Chapter 10: Differing Site Conditions. Chapter 11: Schedules, Delays, and Acceleration. Chapter 12: Inspection, Acceptance, Warranties, and Commissioning. Chapter 13: Management Techniques to Limit Risks and Avoid Disputes. Chapter 14: Payment Bonds. Chapter 15: Performance Bonds and Termination. Chapter 16: Proving Costs and Damages. Chapter 17: Construction Industry Environmental and Safety Concerns. Chapter 18: Construction Insurance. Chapter 19: Labor and Employment Issues Affecting the Construction Industry. Chapter 20: Bankruptcy in the Construction Setting. Chapter 21: Resolution of Construction Disputes. Chapter 22: Federal Government Construction Contract Disputes. Index.
About the Authors
Smith, Currie & Hancock LLP
was founded in 1965. With offices in Atlanta, Georgia; Charlotte, North Carolina; Tallahassee and Ft. Lauderdale, Florida; Las Vegas, Nevada; and Washington, D.C., the firm has nationally recognized practices in the areas of construction law, government contracts, and environmental law. The firm represents clients in all fifty states, as well as Mexico, Canada, South America, Europe, Africa, and Asia.
Thomas J Kelleher Jr.
is a Senior Partner with Smith, Currie & Hancock LLP.
G. Scott Walters
is a Partner with Smith, Currie & Hancock LLP.
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