Construction Law: An Introduction for Engineers, Architects, and Contractors [Hardcover]

For a construction business to function properly, architects, engineers, and contractors need to understand how the various state and federal laws affect their business and how to avoid disputes and exposure to liability. This book offers a comprehensive review of the US legal environment, both criminal and civil, focusing on the key legal concepts and issues applicable to a typical construction project. Construction professionals will find clear, concise introduction to a wide range of contractual issues related to project participants, as well as issues related to the actual construction and litigation.Preface xix

1 Law and Government 1

1.1 Introduction / 1

1.1.1 The Powers of Governments / 1

1.1.2 City and County Governments / 2

1.1.3 The Powers of the Federal Government / 2

1.2 The Sources and Hierarchy of Law / 3

1.2.1 The Constitution / 3

1.2.2 Statutes and Ordinances / 3

1.2.3 Agency Regulations / 4

1.2.4 International Treaties / 4

1.2.5 Appellate Court Opinions / 4

1.3 The American Judicial System / 4

1.3.1 Structure of the Court Systems / 5

1.3.2 Federal Trial and Appeals Courts / 5

1.3.3 State Trial and Appeals Courts / 6

1. 4 Common Law / 6

1.4.1 Stare Decisis / 7

1.4.2 Restatements of the Law / 7

1.5 Legal Codes / 8

1.5.1 Uniform Codes / 8

1.5.2 The Uniform Commercial Code / 9

1.6 Legal Doctrines / 9

1.7 Choice-of-Law Clauses / 10

1.8 Criminal Law versus Civil Law / 11

1.9 Cause of Action / 11

1.10 Summary Judgment / 12

2 Basic Legal³Q