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Contracts and the Legal Environment for Engineers and Architects » (7th Edition)

Book cover image of Contracts and the Legal Environment for Engineers and Architects by Joseph T. Bockrath

Authors: Joseph T. Bockrath, Fredric L. Plotnick
ISBN-13: 9780073397849, ISBN-10: 0073397849
Format: Hardcover
Publisher: McGraw-Hill Companies, The
Date Published: January 2010
Edition: 7th Edition

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Author Biography: Joseph T. Bockrath

Joseph Bockrath is the R. Gordon Kean Professor of Law at the Louisiana State University Law Center, where he has taught Contracts, Constitutional Law, and several other subjects since 1976. Prior to his arrival at LSU he was an Assistant Professor of Marine Studies at the University of Delaware.

Professor Bockrath is a graduate of Hastings College of Law of the University of California in San Francisco.

Fredric Plotnick is an Adjunct Professor of Engineering in the departments of Engineering Management, Civil Engineering, and Construction Management at Drexel University's Philadelphia Pennsylvania Campus, where he has taught Engineering Law, Contracts Specifications and Law, Techniques of Project Controls, Project Scheduling and several other subjects since 1979. He has also maintained a consulting practice, Engineering and Property Management Consultants, Inc., since 1983, having previously worked for several contracting, consulting and engineering design firms.

Professor Plotnick is a graduate of Drexel University College of Engineering, having a BSCE in Soil and Foundation Engineering and an MSCE in Construction Management, followed by a JD from Widener University School of Law, and returning to Drexel for his PhD in Civil Engineering.

Book Synopsis

The seventh edition of Contracts and the Legal Environment for Engineers and Architects has been written for students in the engineering and architecture fields to teach the basic principles of the law and a ready reference for practicing design professionals. This edition has been completely updated in recognition of the dynamic changes in the law in recent years.

The text has been entirely reordered and several new chapters and chapter sections have been added. The material in this seventh edition has been reorganized and expanded into seven parts: Part One: Basic principles of the law and court systems in both the United States and globally. Part Two: Basic principles of contracts. Part Three: Relationships of individuals and society focusing upon such areas as agency, partnerships, corporations, insurance and governmental regulations. Part Four: Basic principles of tort law including concepts of negligence and product liability. Part Five: Basic principles of property ranging from real property to intellectual property. Part Six: Impact to the daily practice of a design professional involved in a construction project. Part Seven: The role of the design professional in litigation.

Table of Contents

Preface
Code of Ethics for Engineers
Pt. 1Law of Contracts1
Ch. 1Introduction3
Ch. 2Types of Contracts17
Ch. 3Formation Principles25
Competent Parties26
Proper Subject Matter28
Offer30
Acceptance33
Problems in the Formation Process35
Consideration38
Ch. 4Conditions and Third-Party Beneficiaries49
Third-Party Beneficiaries and Assignment54
Ch. 5Construction and Interpretation61
Ch. 6Performance or Breach of Contract Obligations67
Performance67
Excuses by Delay or Nonperformance73
The Nature of Breach79
Waiver of Breach81
Remedies for Breach83
Ch. 7Termination of Contracts91
In General91
Termination through Performance or Effective Tender91
Termination through Breach92
Termination Through Agreement94
Termination through Frustration of Object or Destruction of Subject Matter98
Pt. 2Application to Construction Contracts101
Ch. 8Contracts for Construction and Engineering Services103
Ch. 9Advertising for Bids121
Ch. 10Proposals129
Ch. 11Contract Clauses - General Conditions157
Ch. 12Contract Clauses Relating to Finances183
Ch. 13Specifications for Workmanship211
Ch. 14Specifications for Materials235
Ch. 15Drawings251
Pt. 3Some Legal Matters of Concern to Design Professionals267
Ch. 16Agency269
Ch. 17Partnerships279
Ch. 18Corporations289
Ch. 19Torts305
Negligence306
Special Topics317
Torts That Are Usually Intentional333
Liability without Fault339
Ch. 20Professional Liability of Architects and Engineers345
Ch. 21Insurance and Bonds371
Ch. 22Real Property391
Ch. 23Water Rights413
Ch. 24Intellectual Property435
Ch. 25Evidence461
Ch. 26The Engineer's Role in a Lawsuit before and during Trial473
Ch. 27Arbitration of Disputes491
Ch. 28Federal Law of Importance to Design Professionals503
Labor Law506
Environmental Law515
Glossary537
Index541

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