Design Professional and Construction Manager LawAmerican Bar Association, 2007 - 644 lappuses |
No grāmatas satura
1.–5. rezultāts no 83.
xiii. lappuse
... Cost E. Cost of Work Plus a Fee with a GMP F. Comparison of Compensation Arrangements X. Practice Aids A. Treatises B. Web Sites CHAPTER 10 . Construction Manager's Responsibilities : Pre - Design , Design , and Pre - Construction Phase ...
... Cost E. Cost of Work Plus a Fee with a GMP F. Comparison of Compensation Arrangements X. Practice Aids A. Treatises B. Web Sites CHAPTER 10 . Construction Manager's Responsibilities : Pre - Design , Design , and Pre - Construction Phase ...
xvii. lappuse
... Costs on the Design - Build Project as a Design - Builder . . . . 418 A. Owner's Budget vs. Raw Construction Cost .... 419 B. Escalation : Force Majeure or Reasonably Inferable in Today's Economy ... 420 Design - Builder . . . . . . C ...
... Costs on the Design - Build Project as a Design - Builder . . . . 418 A. Owner's Budget vs. Raw Construction Cost .... 419 B. Escalation : Force Majeure or Reasonably Inferable in Today's Economy ... 420 Design - Builder . . . . . . C ...
xviii. lappuse
... Costs at the Expense of Life - Cycle Cost IV . Ownership and Licensing of the Contract Documents A. Owner Retains the Right to Own Documents If the Design - Build Contract Is Terminated B. Documents in Electronic Format 432 433 ..435 ...
... Costs at the Expense of Life - Cycle Cost IV . Ownership and Licensing of the Contract Documents A. Owner Retains the Right to Own Documents If the Design - Build Contract Is Terminated B. Documents in Electronic Format 432 433 ..435 ...
xx. lappuse
... Cost ..... 548 2. Modified Total Cost . 549 3. Measured Mile ... 549 4. Should - Cost Estimates ... 550 5. Industry Standards and Studies ..550 6. Time - and - Motion Studies .550 7. Jury Verdict Method .... 550 D. Consequential Damages ...
... Cost ..... 548 2. Modified Total Cost . 549 3. Measured Mile ... 549 4. Should - Cost Estimates ... 550 5. Industry Standards and Studies ..550 6. Time - and - Motion Studies .550 7. Jury Verdict Method .... 550 D. Consequential Damages ...
19. lappuse
Atvainojiet, šīs lappuses saturs ir ierobežots..
Atvainojiet, šīs lappuses saturs ir ierobežots..
Saturs
State Regulation of the Design Professional | xxxv |
II Individual Licensure | xxxvi |
III Firm Licensure | 3 |
B Noncompliance Has Its Price | 7 |
IV Firm Practice | 9 |
B What Is to Be Sealed and When? | 12 |
D Other Requirements Imposed by Some States | 13 |
V Conclusion | 14 |
D Value Engineering | 296 |
E Constructability | 297 |
F Site Logistics | 298 |
G Green Building and Related Compliance | 299 |
V PreConstruction | 301 |
C Early Work | 302 |
1 Time and Reimbursable Expenses | 303 |
VII Changes | 304 |
VI Practice Aids | 15 |
B NCARB Certificates and NCEES Records | 17 |
C Sample Interstate Commerce Letter | 18 |
Ethics and Rules of Conduct Governing Design Professionals | 21 |
B Rules of Professional Conduct | 24 |
II Code of Ethics | 25 |
B Historical Development | 26 |
C Discussion of Professional Codes of Ethics | 27 |
III AIA Ethical Standards and Rules of Professional Conduct | 28 |
B Enforcement | 29 |
IV ASCE Code of Ethics and Rules of Professional Conduct | 30 |
V NSPE Code of Ethics | 32 |
VI Law Ethics and Professional Conduct | 34 |
VII Ethical Dilemma | 36 |
VIII Licensing Boards Governing Design Professionals | 37 |
B Licensing Board Powers | 38 |
C Enforcement Powers | 39 |
D Investigative and Disciplinary Powers | 40 |
E Revocation and Suspension of Licenses | 41 |
F Disciplinary Reciprocity | 42 |
G Judicial Review | 43 |
H Standard of Review | 44 |
IX Hyatt Regency Sky Walkway Collapse | 45 |
X Conclusion | 48 |
XI Appendices | 49 |
B Licensure Boards Web Site Addresses | 50 |
Design Professional Contract ResponsibilitiesPreDesign Design and PreConstruction Phases | 53 |
To Be or Not to Be | 55 |
2 Understanding the Owners Initial Concept | 57 |
b Project Consultants | 58 |
AgenciesApprovals | 59 |
b Building Permits and ApprovalsInspections | 60 |
B Potential Liabilities of the Design Professional in the PreDesign Phase | 61 |
2 Setting the Project Parameters | 62 |
b The Initial Program | 63 |
3 Initial Budget Estimates | 64 |
4 Initial Schedule Estimates | 65 |
III Contract Negotiation and Formation | 66 |
A The Roles Responsibilities and Obligations of the Parties in Entering into the Contract | 67 |
B The Contract | 69 |
2 The Use of Custom Contracts | 71 |
3 Specific Contract Provisionsthe Risks Defined | 72 |
4 Indemnity | 73 |
5 Basic vs Additional Services | 74 |
6 Payments to the Design Professional | 76 |
8 Budget Estimates | 78 |
9 Schedule Estimates | 79 |
11 Dispute Resolution | 80 |
12 Insurance | 81 |
13 Consequential DamagesWaiver and Related Issues | 82 |
14 Limitations of Liability | 83 |
Changes in Services | 85 |
Roles and Responsibilities | 86 |
2 Design Development | 87 |
B Implied Obligations of the Design Professional during the Design Services Phases | 88 |
Design Professional Legal ResponsibilitiesConstruction and Completion Phases | 91 |
3 Variations on Traditional Roles and Responsibilities in DesignBidBuild | 93 |
B Roles and Responsibilities of the Design Professional during the Construction Phase | 94 |
2 Modification of Roles and Responsibilities during the Construction Phase | 95 |
3 Standard Contract Terms Regarding Design Professional Roles and Responsibilities during the Construction Phase | 96 |
b Submittal Review | 98 |
c Construction MeansMethods | 99 |
d Safety | 100 |
f Rejection of Work | 101 |
g Contractor Claims Payment Issues and Interpretation of the Contract Documents | 102 |
h Termination of the Contractor | 104 |
4 Commonly Recognized Implied Obligations of the Design Professional in the Performance of Construction Phase Services | 105 |
5 Areas of Potential Professional Liability Exposure | 106 |
b Third Party Claims | 107 |
c ContractorSubcontractor Claims | 108 |
d Personal Injury Claims | 109 |
e OSHA | 111 |
Roles and Responsibilities | 112 |
A Substantial Completion | 113 |
B Punchlists | 116 |
C Final Completion | 117 |
D Warranties | 118 |
E Project CloseOut Documentation | 119 |
Design Professionals and the DesignBuild Project | 121 |
B Design Professional as a Subcontractor to DesignBuilder | 123 |
D Bridging | 124 |
B Less Complete Design | 125 |
IV DesignBuild Led by Design Professional | 126 |
C Strict Liability for the DesignBuilder | 129 |
E Insurance Coverage and Bonding | 130 |
G Economic Loss Doctrine Eroded | 132 |
V ContractorLed DesignBuilder | 133 |
1 PayIfPaid or PayWhenPaid Clauses in DesignBuild Contracts | 134 |
3 Indemnification Clauses | 135 |
C Licensing IssuesIllegality of DesignBuilder Not Having a Design Professional License | 136 |
VI Member of a Joint Venture or Other Business Entity | 137 |
3 Partnerships | 138 |
B Insurance and Bonding | 139 |
D Teaming Agreements | 140 |
The Design Professional and Tort Liability | 143 |
B Negligence | 144 |
1 Standard of Care for Design Professionals | 145 |
3 Necessity of Expert Witness Testimony | 146 |
4 Causation | 147 |
2 Effect on Contractual Limitations of Liability | 149 |
E FraudElements | 151 |
F Negligent Misrepresentation | 152 |
II Issues Affecting the Tort Liability of Design Professionals | 153 |
B Warranty Disclaimers | 154 |
C Contract Modifications | 155 |
D Preparation of Plans and Specifications | 156 |
E Environmental Liability | 157 |
Economic Loss Rule | 158 |
B Application to Third Parties Not in Privity | 159 |
1 Two Tests | 160 |
b Foreseeable Duty Test | 161 |
C Claims against Individual Design Professionals | 162 |
D Exceptions to ApplicationEnforcement of the Doctrine | 163 |
2 SuddenCalamitous Event | 164 |
IV Site Safety | 165 |
B Responsibility of the Contractor and Owner | 166 |
C Indemnity for the Design Professional | 169 |
D Theories of Liability against the Design Professional | 170 |
E The Design Professionals Role on Site | 171 |
F Design Professional Immunity Statutes | 174 |
G Control over the Work and OSHA Fines | 175 |
H Contract Provisions | 177 |
J Hazardous Waste Sites | 178 |
K The Safety Dilemma | 179 |
Design Professional Work ProductOwnership and Protection | 181 |
III Who Owns the Copyright? | 183 |
2 CoAuthorship | 184 |
1 Ownership by the Designer with a NonExclusive License for the Owner | 185 |
3 Ownership of the Work by the Owner | 186 |
4 Conveying Copyright Interests at a Later Date | 187 |
b Transfer of Ownership | 188 |
C CommonLaw Copyrights and Registered Copyrights | 189 |
IV What Protection Does the Copyright Afford? | 190 |
C The Architectural Works Copyright Protection Act | 191 |
D Rights Protected by Copyright | 192 |
F Scope of Protection for Works Consisting of Generic Features | 193 |
V What Is Copyright Infringement? | 195 |
B Access to the Copyrighted Work by the Alleged Infringer | 196 |
1 The Extrinsic Test | 197 |
2 Fair Use | 198 |
3 Statute of Limitations | 199 |
3 Statutory Damages | 200 |
6 What Information Is Protected by Trade Secret Laws? | 201 |
State Regulation of the Construction Manager | 203 |
A States That Specifically Regulate Construction Managers | 204 |
2 Oklahoma | 205 |
B Jurisdictions with Little or No Regulation | 208 |
1 Regulation as Contractor | 209 |
b Implicit Regulation as Contractors | 214 |
2 Regulation as Design Professional | 217 |
b Regulation under State Procurement Laws | 219 |
D Other Issues of Concern in Architect Engineering and Contractor Licensing | 223 |
1 Design Professional Licensing | 224 |
2 Contractor Licensing | 225 |
III Ethical Considerations in the Relationship between Construction Manager and Owner | 228 |
A Public Projects | 229 |
1 Contingent Fees | 230 |
2 Separate ContractsEntities for Design Management Construction | 231 |
d Missouri | 232 |
e South Carolina | 233 |
c North Carolina | 234 |
e Texas | 235 |
1 Certification | 236 |
2 Accreditation | 237 |
3 Codes of Ethics | 238 |
IV Practice Aids | 240 |
B Research and Resource Links | 241 |
Construction Management Overview | 243 |
II Historical Evolution of Construction Management | 246 |
III Recognition of Construction Management as a Profession | 251 |
IV Construction Management and the Professional Standard of Care | 253 |
V Differences from Design and Construction Professions | 254 |
VI Construction Management Services Overlap with Other Professions | 255 |
VII Major Categories of Service | 256 |
A Agency CM | 257 |
B CM AtRisk | 258 |
C Program Management Services | 259 |
D Value Engineering Services | 260 |
VIII Standard Form Agreements | 261 |
2 Construction Phase | 263 |
2 Construction Phase | 264 |
C AGC | 265 |
D Comparison of the Standard Form Agreements | 266 |
IX Compensation | 268 |
B Lump SumFixed Fee | 270 |
C Cost of Work Plus a Fixed Fee | 271 |
D Fee as a Percentage of Construction Cost | 272 |
E Cost of Work Plus a Fee with a GMP | 273 |
F Comparison of Compensation Arrangements | 276 |
X Practice Aids | 277 |
Construction Managers Responsibilities PreDesign Design and PreConstruction Phase | 279 |
III PreDesign | 281 |
B Environmental Impact Statements | 282 |
1 Phase I Environmental Assessment | 283 |
C Site and Existing Building Survey Hazardous and Contaminated Substances | 284 |
E Funding | 285 |
G Engaging Design Professional | 286 |
H Adjacent Site Investigation | 287 |
I Utility Service | 288 |
1 Schematic Design Drawings | 290 |
2 Design Development Drawings | 291 |
B Estimate | 292 |
C Project Progress Scheduling | 295 |
VIII Insurance | 305 |
A Construction Managers Professional Liability Insurance | 306 |
C Builders Risk Insurance | 307 |
IX Suspension or Termination | 308 |
X Claims | 309 |
A Scope of Services | 310 |
C Waiver of Consequential Damages | 311 |
D Limitation of Liability | 312 |
F Indemnification | 313 |
XII Conclusion | 314 |
B Part APreConstruction Agreement | 335 |
C PreConstruction Agreement Checklist | 346 |
Construction Management Contract Responsibilities Construction and Completion Phases | 347 |
A Construction Managers Responsibility during Construction | 348 |
II The Construction Managers Role Risks and Responsibilities during Construction | 349 |
1 Work Scope Allocation | 350 |
3 Trade Contractor Bidding and Selection | 351 |
B Management of OnSite Work | 352 |
C Cost Control | 353 |
2 Management of Trade Contractor Changes | 355 |
3 Continued Consulting on Value Engineering and Substitutions | 356 |
2 Developing Schedule Updates | 357 |
3 Control of Trade Contractor Schedules and Coordination | 358 |
5 Float | 359 |
1 Responsibilities of the Construction Manager as Design Is Finalized | 360 |
2 Responsibility of the Construction Manager VisaVis Designer | 361 |
1 Contracts and Delegation of Risk | 362 |
3 Surety Bonds and Performance Risk | 363 |
4 Management of Risk That Is Not Transferred or Insured | 364 |
I Customer Service and Customer Relations | 365 |
A Management of Punch List | 366 |
B Commissioning and Turnover | 367 |
1 Training | 368 |
C Procuring and Handling WarrantiesGuarantees | 369 |
D Audit or Cost Verification | 370 |
IV Coordination with Othersan Independent Duty or an Adjunct to All Other Tasks? | 371 |
B Construction Managers Duty to Owner as Agent | 372 |
Use of Standard Form Contracts and Documents | 373 |
C AIA | 374 |
The Construction Manager and Tort Liability | 375 |
II Tort Liability of the Construction Manager to the Owner | 376 |
a DutyStandard of Care | 377 |
b Failure to Comply with Licensing Requirements | 379 |
c Failure to Comply with Procurement Codes | 382 |
e Failure to Comply with Industry Standards | 383 |
3 IntentionalNegligent Misrepresentation | 384 |
4 Unfair Trade Practices | 385 |
B Bases of Liability | 387 |
2 Faulty Workmanship and Improper InspectionSupervision | 389 |
3 Negligent Cost EstimatesThe OverBudget Project | 391 |
4 Improper Certification of Progress Payments | 393 |
5 Improper Schedule Preparation Monitoring and Coordination | 394 |
6 Improper Processing of Submittals | 395 |
7 SelfDealingConflict of InterestLack of Independence | 396 |
III Construction Managers Liability to Third Parties | 398 |
2 Negligent Misrepresentation | 400 |
3 Interference with Contract | 402 |
4 Defamation | 403 |
B Bases for Liability | 404 |
IV Owners Liability to Third Parties Based on Imputation of Construction Managers Misconduct | 407 |
V Construction Manager Defenses | 408 |
B ContributoryComparative Negligence | 409 |
D Superior Knowledge | 410 |
The Construction Manager and the DesignBuild Project | 413 |
A Conflicts of Interest | 415 |
C State Licensing Requirements | 416 |
A Owners Budget vs Raw Construction Cost | 417 |
Force Majeure or Reasonably Inferable in Todays Economy | 418 |
C Design Team Fees and Reimbursables vs Additional Services | 419 |
Unknown Hourly Billings or Predictable Lump Sum | 421 |
3 Controlling Owner Changes During Design as a DesignBuilder | 422 |
Contractual Responsibility | 423 |
D Predicting Permits Fees and Other Governmental Approval Costs | 424 |
2 How Much Is Enough? | 425 |
3 Owner vs DesignBuilder Contingency | 427 |
G Value Engineering vs Value Elimination | 429 |
2 Managing the Implicit DesignBuilder Incentive to Lower Costs at the Expense of LifeCycle Cost | 430 |
IV Ownership and Licensing of the Contract Documents | 431 |
A Owner Retains the Right to Own Documents If the DesignBuild Contract Is Terminated | 433 |
B Documents in Electronic Format | 434 |
Managing Input BuyIn and Approval during PreConstruction | 435 |
VI The Construction Cost Estimate | 438 |
VII Constructability Review | 439 |
VIII The Construction Schedule | 441 |
X Use of a Commissioning Agent | 444 |
XI Friendly Contract Clauses for the Construction Manager as DesignBuilder | 445 |
B Indemnity | 447 |
XII Appendices | 449 |
B Instructions for Using the Fee and Reimbursables Worksheet | 455 |
Design ProfessionalConstruction Manager Indemnification and Professional Liability Insurance | 457 |
II Standard Indemnification Obligations | 458 |
IV Intermediate Form | 459 |
VII Restrictions on Indemnifications | 463 |
A Professional Liability Coverage | 465 |
C Tail CoverageExtended Reporting Periods | 466 |
E Property Damage | 467 |
G Premises and Operations Liability | 468 |
H Contractual Liability Coverage | 469 |
J Libel and Slander | 470 |
Agency vs AtRisk | 472 |
N Standard Exclusions | 473 |
O Express Warranties and Guarantees | 474 |
Q Deductibles | 476 |
S WrapUp Project Policies | 478 |
T Considerations with WrapUps | 479 |
U Attorneys Fees and Litigation Costs | 480 |
IX Evidence of Insurance | 481 |
X Recent Claim Trends | 482 |
B DesignBuild | 483 |
XII Conclusion | 484 |
Considerations for Subconsultant and Subcontract Agreements for Design Professionals and Construction Managers | 485 |
II The Process of Choosing a Subcontractor | 486 |
III Unique Legal Issues Applicable to the Prime ContractorSubcontractor Relationship | 489 |
A Vicarious Liability Indemnification and Contribution | 490 |
B Exculpatory Risk Allocation and Limitation of Liability Clauses | 493 |
D Insurance Issues | 495 |
E Dispute Resolution | 497 |
F FlowDown Clauses | 498 |
G Applicability of Economic Loss Rule | 499 |
IV Drafting Subcontract Agreements | 500 |
Get It in Writing and Get It Signed | 501 |
1 Form or Custom Subcontract Agreements | 502 |
Identify Key Subcontract Terms and Conditions | 505 |
VI Subcontract Issues Unique to Offshore Subcontracting Relationships | 511 |
VII Conclusion | 513 |
IX Appendix | 516 |
Damages and Remedies | 523 |
II Causes of Action | 524 |
2 Promissory Estoppel | 525 |
3 Unjust Enrichment | 526 |
a Design Professional and Construction Manager Compensation | 529 |
c Contractors Compensation | 531 |
2 Promissory Estoppel | 532 |
B Tort Claims | 533 |
IV Calculation and Proof of Compensatory Damages | 534 |
2 Price Increases for Labor and Material | 535 |
4 Home Office Overhead | 536 |
5 Lost Profits | 538 |
7 Loss of Efficiency | 539 |
9 Interest | 541 |
C Alternative Methods for Calculating Damages | 542 |
2 Modified Total Cost | 543 |
4 ShouldCost Estimates | 544 |
D Consequential Damages | 545 |
B Failure to Mitigate Damages | 546 |
VI Protection for Performance and Payment Rights | 548 |
C Labor and Material Payment Bonds | 549 |
F Miller Act | 550 |
G State Public Works Claims Little Miller Acts | 551 |
VII Contractual and Other Limitations on Liability | 552 |
B Waivers of ConsequentialIncidental Damages | 553 |
D Disclaimer of Warranties | 554 |
G No Damages for Delay | 555 |
I Immunity under Workers Compensation Laws | 556 |
J Immunity from Site Safety Claims | 557 |
Alternative Dispute Resolution and the Construction Dispute | 559 |
II Overview of Types of ADR | 560 |
B Mediation | 561 |
D Judicial or QuasiJudicial Procedures | 562 |
1 Early Neutral Evaluation | 563 |
B Law Governing | 565 |
1 The Contract Provision | 566 |
2 Contractual Preconditions | 568 |
D Selection of the Forum and Procedural Considerations | 571 |
Additional Considerations | 573 |
F PreHearing Issues | 575 |
3 PreArbitration Hearings | 576 |
4 Briefing | 577 |
G The Arbitration Hearing | 578 |
2 Special Issues in the Arbitration of Construction Cases | 579 |
b Delay Claims | 580 |
e Use of Technology in Proceedings | 581 |
f Nature of the Award | 582 |
3 Vacating the Award | 583 |
IV Strategies in Mediation | 584 |
2 Selection of a Specific Process | 585 |
B Selection of the Mediator | 589 |
C Planning for and Attending the Mediation | 591 |
2 Use of Technology Live Experts at the Mediation | 592 |
3 Developing a Mediation Strategy | 593 |
b Proactive Participation in Defining the Process | 594 |
c Making Offers vs Discussing Positions | 595 |
d Briefing | 596 |
e Client and Advocate Expectations of Process and Result | 597 |
4 Wrapping Up the Successful Mediation | 599 |
Special Topics in Litigation of Disputes Involving Design Professionals or Construction Managers | 601 |
B Statutes of Repose | 602 |
C Using Tolling or Standstill Agreements to Defer Litigation | 604 |
III Certificates of Merit | 605 |
A Who Is Covered? | 606 |
IV Management of Litigation through the Use of Special Masters | 608 |
V Use of Experts | 610 |
B DaubertKumho Tire Extends to Both an Experts Testimony and the Conclusions Reached by the Expert | 611 |
It Must Be Reasonable for an Expert to Rely on That Which Forms the Basis of His or Her Opinion | 612 |
VI Discovery Management and Use of Evidence in Complex Construction Cases | 613 |
B Electronic Discovery | 615 |
C Demonstrative Evidence | 619 |
VII Using Joint Defense Agreements to Avoid FingerPointing and Manage the Dispute | 622 |
A Practical Considerations for a Joint Defense | 625 |
B The Necessity of a Writing | 627 |
INDEX | 629 |
Citi izdevumi - Skatīt visu
Bieži izmantoti vārdi un frāzes
additional agreement AIA Document applicable arbitration architect architectural arising attorney award breach budget certification chapter claims clauses client CMAA CODE compensation completion construction management services construction manager at-risk construction manager's construction phase construction project consultants contract documents cost court coverage damages design profes design professional design professional's design-bid-build design-builder's duty economic loss doctrine entity estimate ethics firm form documents Guaranteed Maximum Price indemnification indemnity issues jurisdictions JUSTIN SWEET liability insurance Library References C.J.S. license limited litigation manager as design-builder mediation ment negotiation obligations payment performance plans practice pre-construction Prime Contractor professional liability responsibility risk role safety schedule scope specifications Standard Form standard form contracts STAT statute statute of repose struction manager subcontractors supra note third party tion manager tort trade contractors typically value engineering vicarious liability warranty West's Key