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Construction Law Handbook, Fourth Edition by Stanley A. Martin Construction Law Handbook, Fourth Edition by Stanley A. Martin

Construction Law Handbook, Fourth Edition

By Stanley A. Martin
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Overview

“The only thing that is constant is change.” This quote, attributed to Heraclitus of Ephesus from the fifth century BC, characterizes the construction industry as well. Our industry evolves, in technology, in project delivery, in risk management, and in many other ways. Throughout this evolution, Construction Law Handbook has been a stalwart reference source for the industry.

We hope you will take advantage of the current changes catalogued by our many authors, all experts in their topics. Construction Law Handbook is designed to address the current state of the business of construction and construction law.

Written as usual by a variety of distinguished construction professionals, including architects, engineers, accountants, lawyers, and consultants, in “plain English,” this new edition will help you keep up with this constant change.

The Fourth Edition includes new and revised materials on a number of topics:

  • A discussion on the construction labor market—before and during the COVID-19 pandemic
  • Revised and updated industry practices and standards arising in the context of mergers and acquisitions in the construction industry
  • New contract forms for sustainable design and construction published by the American Institute of Architects
  • Updated state-by-state recap of pertinent statutes and case law on project wrap-up insurance
  • The chapter on subcontractor rights and remedies has been substantially rewritten, and subcontractors and their counsel will appreciate the fresh look and discussion
  • The state-by-state treatment of exceptions to no-damage-for-delay clauses has been one of the strengths of Chapter 24, and that chapter has been updated with recent case law in a number of states.
  • New discussion on President Trump’s impact on federal contracting regulations, including Executive Order (EO) 13881, “Maximizing Use of American-Made Goods, Products, and Materials,” that the Defense Federal Acquisition Regulation (FAR) Supplement add more stringent “Buy American” preferences, and the major changes to cybersecurity under the January 31, 2020 Department of Defense (DOD) final Cybersecurity Maturity Model Certification requirements for all DOD contractors to be phased in over the next few years
  • Analysis of the newly enacted United Nations Convention on International Settlement Agreements Resulting from Mediation, known as the Singapore Convention on Mediation
  • Discussion on neutral evaluation, an emerging additional Alternative Dispute Resolution technique that combines elements from both expert determination and mini-trials
  • Discussion of the United States Supreme Court’s unanimous decision where the Court, in resolving a split among federal circuit courts, held that the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) does not conflict with domestic equitable estoppel doctrines that permit the enforcement of arbitration agreements by nonsignatories
  • Discussion of the Second Circuit Court of Appeals’ landmark decision where the court, rejecting an application for discovery, ruled that 28 U.S.C. § 1782 does not permit discovery for use in private commercial international arbitrations and concluded that an arbitration before the China International Economic and Trade Arbitration Commission is “best categorized as a private commercial arbitration for which § 1782 assistance is unavailable”

Note: Online subscriptions are for three-month periods.

Previous Edition: Construction Law Handbook, Third Edition, ISBN 9781454883623

Last Updated 06/14/2021
Update Frequency Annually
Product Line Wolters Kluwer Legal & Regulatory U.S.
SKU 10083059-7777
Publish Frequency Annually
Product Line Wolters Kluwer Legal & Regulatory U.S.
SKU 000000000010073277
Table of Contents

VOLUME 1

Contents
Preface
About the Editors
About the Contributors

PART I TODAY’S AND TOMORROW'S CONSTRUCTION MARKET

  • Chapter 1 The Construction Lawyer Through the Twenty-First Century
  • Chapter 2 Outsourcing Engineering and Design Services
  • Chapter 3 Industry Workforce Shortages
  • Chapter 4 Mergers and Acquisitions

PART II DELIVERY SYSTEMS AND TOOLS

  • Chapter 5 The Use of Technology for Project Collaboration and Building Information Modeling
  • Chapter 6 Selecting the Appropriate Delivery System and Contractor with Construction Contract Checklist
  • Chapter 7 Design-Bid-Build
  • Chapter 8 Design Build
  • Chapter 9 Construction Management
  • Chapter 10 Public Private Partnerships
  • Chapter 11 Integrated Project Delivery
  • Chapter 12 Project Finance

PART III CONTRACTING

  • Chapter 13 AIA Contract Documents
  • Chapter 14 Overview of ConsensusDOCS Form Contracts
  • Chapter 15 Sales Contracts/Uniform Commercial Code
  • Chapter 16 Joint Ventures and Consortiums

PART IV INSURANCE

  • Chapter 17 Insurance for Contractors
  • Chapter 18 Construction Wrap-Ups: Owner- and Contractor-Controlled Insurance Programs
  • Chapter 19 Design Professional Insurance Issues

PART V CONTRACT PERFORMANCE—WHO IS ENTITLED TO WHAT

  • Chapter 20 Changes and Extras
  • Chapter 21 Differing Site Conditions
  • Chapter 22 Obtaining Time Extensions
  • Chapter 23 Obtaining Adequate Compensation for Delay
  • Chapter 24 Subcontractor's Rights and Remedies for the Owner's Defaults in Payment
  • Chapter 25 Exceptions to No-Damages-For-Delay Clauses
  • Chapter 26 Contractor Rights and Remedies When the Owner Breaches
  • Chapter 27 Terminations
  • Chapter 28 Construction Failures

VOLUME 2

PART VI DAMAGES

  • Chapter 29 Compensatory Damages
  • Chapter 30 Consequential and Punitive Damages
  • Chapter 31 Liquidated Damages
  • Chapter 32 Recovery of Interest and Attorneys' Fees

PART VII SURETY BONDS IN CONSTRUCTION

  • Chapter 33 Performance Bonds
  • Chapter 34 Payment Bonds
  • Chapter 35 Indemnity of the Contract Surety

PART VIII FEDERAL CONTRACTS

  • Chapter 36 New and Unique Aspects of Federal Contracting
  • Chapter 37 False Claims and Fraud in Federal Contracts
  • Chapter 38 When and How to Make a Federal Contract Claim

PART IX INTERNATIONAL CONSTRUCTION

  • Chapter 39 Contracting for International Construction Works
  • Chapter 40 The Foreign Corrupt Practices Act and Multinational Anti-Bribery Initiatives
  • Chapter 41 International Dispute Resolution

PART X DISPUTE RESOLUTION

  • Chapter 42 The Use of Alternative Dispute Resolution in Federal Claims
  • Chapter 43 Claims Avoidance and Dispute Management
  • Chapter 44 Mediation
  • Chapter 45 Arbitration of Construction Disputes and Enforceability of Awards
  • Chapter 46 The Special Master: A Delivery Engine for Resolution of Complex Litigation
  • Chapter 47 The Trial of Construction Claims

Table of Cases
Table of Statutes and Regulations
Table of Authorities
Index

Volumes