CAE 4861 - Construction Law and Contracts

3 lecture hours 0 lab hours 3 credits

Course Description
Students will gain an elementary working knowledge of construction law along with legal aspects underlying routine construction project administration. Students will also gain an understanding of common risks and ethical issues arising in engineering and construction that will enhance their decision-making skills as construction project team members. Students will be required to read, interpret, and apply clauses from the standard general conditions of construction contracts (e.g., AIA-A201 and EJCDC C-700) to resolve contractual disputes by writing papers addressing a variety of legal scenarios and through participating in role playing exercises. How ambiguities are resolved between the various parts of the documents of construction, including the general conditions, plans and specifications, will also be addressed. (prereq: junior standing)

Course Learning Outcomes
Upon successful completion of this course, the student will be able to:

Identify the parties to a construction contract and their respective roles and duties
Explain the purpose of and the basic topics addressed in the AIA and EJCDC general conditions to a construction contract
Explain general administrative procedures by which to avoid disputes and litigation
Analyze elementary construction project disputes and identify legally sufficient justification to resolve disputes in the context of appropriate risk management and ethical behavior
Describe common claims and defenses to liability applicable to owners, contractors, and design professionals
Identify ethical issues arising in professional practice and apply ethical standards to determine an appropriate course of action
Explain the importance of professional licensing in project design and construction
Discuss the public policy implications of important federal legislation impacting engineering and construction practice
Explain fundamental aspects of lien law and the contractor’s rights and remedies
Explain fundamental provisions of national and local labor law
Describe typical construction project delivery methods
Discuss methods to mitigate EEOC harassment claims

Prerequisites by Topic

None

Course Topics

American legal system
Business associations/agency law
Construction contracts (elements, formation, defects, interpretation, warranties)
General conditions (AIA A201, EJCDC C-700), supplementary conditions
Public contracts/Federal acquisition regulations (FAR)
Torts
Land use controls
Negotiations
Engineer and contractor claims and defenses
Professional responsibilities (licensing/ethics)
Payment provisions
Change orders
Subsurface and unforeseen conditions
Time/project delays
Contract termination
Subcontracting process (rights, liens, bonds)
Cumulative impact claims (CICs)
Risk management (indemnification, insurance, bonding)
Construction labor law
Arbitration and alternative dispute resolution methods
Project delivery systems
ConsensusDOCS
Effective project documentation
EEOC and sexual harassment

Coordinator
Dr. Fran Mahuta, J.D.

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CAE 4861 - Construction Law and Contracts