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Discussion: Construction Managers and Contractors

Discussion: Construction Managers and Contractors

HW 1 WK 1. – Sweet, Schneier & Wentz. (2015). Construction Law for Design Professionals, Construction Managers and Contractors.

1. Chapter 1: Questions 4 and 8

4. What is the purpose of the separation of powers in the U.S. political system?

8. List three examples of professional associations that publish standardized documents for construction services.

2. Chapter 2: Questions 2 and 8

2. In the court case of Christopher v. Sinyard, what were the factors that the court noted that lead to the ruling of piercing the corporate shield and holding the principals per-sonally liable?

8. What is a Project Labor Agreement (PLA)?

3. Chapter 3: Questions 4 and 9

4. What is promissory estoppels and when might it be used in the construction industry?

9. According to the Restatement (Second) of Contracts, what are the five factors used in determining whether a particular breach is material and what is the legal consequence of a finding the breach was material?

4. Chapter 4: Questions 2, 5, 9, and 10

2. What are the three primary things a court judgment seeks to do for compensatory damages?

5. If a contractor had an original contract price of $800,000, had already expended $210,000 in part performance, estimates that the cost of completion would be $625,000, and has already received $175,000 in progress payments, how much would that contractor be entitled to in damages if you were to use the reasonable cost of completion formula?

9. What is the Single Recovery Rule?

10. What is “economic waste” and what role does it play in measuring the owner’s damages?

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