Construction Law


Construction Law for Design Professionals, Construction Managers and Contractors


Sweet, Schneier & Wentz. (2015).




For this assignment you will need to complete the following:


Chapter 11 Questions 3 and 4


3. If a design professional is considering becoming an expert witness, what four things should be present in the written understanding that precedes any services being performed?


4. What are the advantages and disadvantages of bringing a claim based on breach of con-tract versus bringing a claim under tort law?


Chapter 12 Questions 6 and 7


6. What are some words that should be avoided in the contract of a design professional in regard to their standard of performance?


7. What is the purpose of a “limitation of liability” clause and how is the maximum amount of damages determined?

Chapter 14 Question 5, 9, and 10


5. What can an owner do if that owner commissions a project using the design–build project delivery method and believes the arrangement does not provide it with an independent actor looking out for its design interests?


9. What is a public–private partnership and how does it differ from traditional public contracts?


10. What are some of the legal impediments caused by the widespread adoption of BIM in the construction industry?




Chapter 25 Question 2, 3, and 9


2. What is the function of a surety?


3. What is the function of a bid bond?


9. What did the federal court of appeals state was included in “sums justly due” in a Miller Act payment bond in the case, United States for Use and Benefit of Perlun Construction Co. v. Harvesters Group, Inc? What was the basis for the court’s reasoning?



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