Construction Contracting: Business and Legal Principles (2nd Edition)

4 avg rating
( 5 ratings by Goodreads )
 
9780130910554: Construction Contracting: Business and Legal Principles (2nd Edition)

Exceptionally practical and authoritative, this introduction to construction contracting as it applies to typical, every-day situations explains “theoretical” ideas in terms of what really happens in practice. It emphasizes the more common case law holdings and industry customs that help avoid troublesome legal issues during the completion of a project. Chapter topics cover the law and the construction industry; contract formation, privity of contract, and other contract relationships; an overview of the prime contract—its format and major components; owner-construction contractor prime contract “red flag” clauses; labor agreements; purchase order and subcontract agreements; insurance contracts; surety bonds; joint-venture agreements; bid and proposals; mistakes in bids; breach of contract; contract changes; differing site conditions; delays, suspensions, and terminations; liquidated damages, force majeure, and time extensions; allocating responsibility for delays; constructive acceleration; common rules of contract interpretation; documentation and records; construction contract claims; and dispute resolution. For construction managers and other industry professional concerned with legal and business aspects of construction and construction contracting.

"synopsis" may belong to another edition of this title.

From the Back Cover:

Construction Contracting: Business and Legal Principles, Second Edition, provides an updated, improved look at the impact of contractual issues on the construction industry. Intended for managers rather than lawyers, this guidebook explains the principles and practices of every aspect of the contractual relationship. It emphasizes the more common case law holdings and industry customs so the manager can avoid troublesome legal issues during the completion of the project.

Key features of this edition:
  • Examples and illustrations added to aid in reader understanding of the more complex subject matter.
  • A completely new chapter on contract claims now precedes the chapter on dispute resolution.
  • Several subjects reorganized to provide a smoother flow between chapters.

Excerpt. Reprinted by permission. All rights reserved.:

Preface to the Second Edition

In general, this second edition incorporates numerous changes and additions to every chapter of the first edition based on three years of the book's use as a classroom text since the publication of the first edition in 1998. Most of these changes are minor and are in response to student questions and comments. Numerous additional examples have been included to illustrate points that needed clarification.

More specifically, the material on reports of physical site conditions has been shifted from its previous location in Chapter 4 to a more appropriate place in Chapter 5 on contract "red flag" clauses. Chapter 18, on allocating responsibility for delays, has been extensively revised and expanded with new material and illustrations. Finally, a new Chapter 22 on the important subject of construction contract claims has been included before the final chapter in the book on dispute resolution, which now appears as Chapter 23.

The response from university faculty who use the book has been encouraging and my sincere thanks are due to them for the helpful comments I have received. I would also like to thank the reviewers of this second edition, who include David Bilbo, Texas A&M University; Dianne H. Kay, Southern Illinois University; and John Wiggins, New Jersey Institute of Technology. Finally, I remain grateful to Ed Francis, Executive Editor at Prentice Hall, for his continued encouragement and support; to the entire Prentice Hall editorial staff; and especially to my students at California State University, Chico, who have been immensely helpful in revising this second edition.

Stuart H. Bartholomew
Chico, California
March 2001

Preface to the First Edition

This book was written primarily as a teaching text for senior students in baccalaureate university programs in construction engineering or construction management who plan careers in the contracting or construction management segments of the industry. It should also serve as a useful reference for the younger, less-experienced person in construction contracting or construction management organizations as well as owners of small contracting firms or related businesses. The material, drawn from various sources, has been organized and presented in the light of the writer's many years in the industry and 13 years' experience in teaching construction management courses at California State University, Chico.

I am not a lawyer, and this book does not purport to offer legal advice. A competent construction attorney should always be sought for that purpose. This book does, however, furnish practical guidance for construction practitioners in typical everyday situations empirically by examination of the more common case law holdings and the customs and practices of the industry.

The field of construction law is so broad that difficult choices must be made in deciding what to include in a text primarily intended for a single three-semester-hour university course. Accordingly, I have tailored the material to those areas that, in the light of my own experience, seem most fundamental, leaving such topics as claims preparation, presentation, and defense; damages quantification; and CPM scheduling techniques, and the like to the authors of the many excellent specialized texts on these subjects available today. Similarly, I have excluded detailed discussion of mechanic lien laws and similar topics that vary widely from state to state.

The Table of Contents should provide the reader an immediate referral to topics of particular interest. The key words and concepts used and developed in each chapter are listed in the beginning of the chapter. These should prove helpful as a study guide and to test recollection as the reader completes the chapter. Also, each chapter concludes with a series of questions and problems. The questions provide a direct opportunity for testing comprehension of the material. The problems have been designed to develop the reader's understanding in the context of typical industry situations.

Many individuals have indirectly contributed to this book. They include Harvey Slocum, a legendary figure in heavy construction, who gave me my first job more than 50 years ago, and John Soult, Wallace Hunt, and Floyd Crawford (all now deceased) who furnished continual encouragement and support during my years at Fruin-Colnon Corporation. Also, extremely capable construction attorneys have skillfully guided me over the years and contributed to my understanding of legal matters. They include Harold Blasky, Esq., with both the law firms of Max E. Greenberg, Trayman, Cantor & Blasky and Schnader, Harrison, Segal & Lewis; Overton Currie, Esq., Aubrey Currie, Esq., and Tom Kellerher, Esq., all with the law firm of Smith, Currie & Hankock; John Tracy, Esq., at various times with the law firms of Lewis, Mitchell, & Moore, Gadsby & Hanna, and Thompson & Waldron; Lewis Baker, Esq., with the law firm of Watt, Tieder & Hoffer; James Hawkins, Esq., Michael Wilson, Esq., and Larry Luber, Esq., all with Greensfelder, Hemker & Gale; and William McInerney, Esq., and Robert Leslie, Esq., with the law firm of McInerney and Dillon. In addition, I would like to thank Robert Leslie, who stole many hours from his busy schedule to review an early draft of the book and offered countless helpful criticisms and suggestions for improvement.

Finally, shared construction experiences with my many friends—engineers, owners, and contractors alike—have inevitably shaped the content of this book. These individuals will have no difficulty in recognizing much of themselves in its pages.

To all who have shared and influenced my life in construction, named and not named, I am profoundly grateful. This book is my offer of thanks—by the means of passing on to young people today, with their careers ahead of them, what we collectively learned and wish we had known when we were their age.

Stuart H. Bartholomew
Chico, California
August 1996

"About this title" may belong to another edition of this title.

Top Search Results from the AbeBooks Marketplace

1.

Bartholomew, Stuart H.
Published by Pearson
ISBN 10: 0130910554 ISBN 13: 9780130910554
New PAPERBACK Quantity Available: 1
Seller:
Recycleabook
(West Carrollton, OH, U.S.A.)
Rating
[?]

Book Description Pearson. PAPERBACK. Book Condition: New. 0130910554 US STUDENT EDITION - Free Tracking number with every purchase. Satisfaction guaranteed. Orders ship within 1-2 business days. (Hawaii,Alaska, Puerto Rico and APO's, allow additional time for delivery.). Bookseller Inventory # Z0130910554ZN

More Information About This Seller | Ask Bookseller a Question

Buy New
97.34
Convert Currency

Add to Basket

Shipping: 3.03
Within U.S.A.
Destination, Rates & Speeds

2.

Bartholomew, Stuart H.
Published by Pearson
ISBN 10: 0130910554 ISBN 13: 9780130910554
New PAPERBACK Quantity Available: 1
Seller:
BennettBooksLtd
(Covington, KY, U.S.A.)
Rating
[?]

Book Description Pearson. PAPERBACK. Book Condition: New. 0130910554 New. Looks like an interesting title, learn more! We provide domestic tracking upon request. We provide personalized customer service and want you to have a great experience purchasing from us. 100% satisfaction guaranteed and thank you for your consideration. Bookseller Inventory # S-0130910554

More Information About This Seller | Ask Bookseller a Question

Buy New
97.68
Convert Currency

Add to Basket

Shipping: 3.76
Within U.S.A.
Destination, Rates & Speeds

3.

Bartholomew, Stuart H.
Published by Prentice Hall
ISBN 10: 0130910554 ISBN 13: 9780130910554
New Quantity Available: > 20
Seller:
INDOO
(Avenel, NJ, U.S.A.)
Rating
[?]

Book Description Prentice Hall. Book Condition: New. Brand New. Bookseller Inventory # 0130910554

More Information About This Seller | Ask Bookseller a Question

Buy New
137.61
Convert Currency

Add to Basket

Shipping: 2.66
Within U.S.A.
Destination, Rates & Speeds

4.

Bartholomew, Stuart H.
ISBN 10: 0130910554 ISBN 13: 9780130910554
New Quantity Available: 3
Seller:
Paperbackshop-US
(Wood Dale, IL, U.S.A.)
Rating
[?]

Book Description 2001. PAP. Book Condition: New. New Book. Shipped from US within 10 to 14 business days. Established seller since 2000. Bookseller Inventory # KS-9780130910554

More Information About This Seller | Ask Bookseller a Question

Buy New
137.27
Convert Currency

Add to Basket

Shipping: 3.03
Within U.S.A.
Destination, Rates & Speeds

5.

Stuart H. Bartholomew
Published by Pearson Education (US), United States (2001)
ISBN 10: 0130910554 ISBN 13: 9780130910554
New Hardcover Quantity Available: 1
Seller:
The Book Depository
(London, United Kingdom)
Rating
[?]

Book Description Pearson Education (US), United States, 2001. Hardback. Book Condition: New. 2nd edition. Language: English . Brand New Book. For courses in Construction Management, Construction Law, and Construction Claims.Exceptionally practical and authoritative, this introduction to construction contracting as it applies to typical, every-day situations explains theoretical ideas in terms of what really happens in practice. It emphasizes the more common case law holdings and industry customs that help avoid troublesome legal issues during the completion of a project. Bookseller Inventory # AAS9780130910554

More Information About This Seller | Ask Bookseller a Question

Buy New
149.82
Convert Currency

Add to Basket

Shipping: FREE
From United Kingdom to U.S.A.
Destination, Rates & Speeds

6.

Stuart H. Bartholomew
Published by Prentice Hall (2001)
ISBN 10: 0130910554 ISBN 13: 9780130910554
New Paperback Quantity Available: 1
Seller:
Ergodebooks
(RICHMOND, TX, U.S.A.)
Rating
[?]

Book Description Prentice Hall, 2001. Paperback. Book Condition: New. 2. Bookseller Inventory # DADAX0130910554

More Information About This Seller | Ask Bookseller a Question

Buy New
150.87
Convert Currency

Add to Basket

Shipping: 3.03
Within U.S.A.
Destination, Rates & Speeds

7.

Stuart H. Bartholomew
Published by Pearson Education (US), United States (2001)
ISBN 10: 0130910554 ISBN 13: 9780130910554
New Hardcover Quantity Available: 1
Seller:
The Book Depository US
(London, United Kingdom)
Rating
[?]

Book Description Pearson Education (US), United States, 2001. Hardback. Book Condition: New. 2nd edition. Language: English . Brand New Book. For courses in Construction Management, Construction Law, and Construction Claims.Exceptionally practical and authoritative, this introduction to construction contracting as it applies to typical, every-day situations explains theoretical ideas in terms of what really happens in practice. It emphasizes the more common case law holdings and industry customs that help avoid troublesome legal issues during the completion of a project. Bookseller Inventory # AAS9780130910554

More Information About This Seller | Ask Bookseller a Question

Buy New
156
Convert Currency

Add to Basket

Shipping: FREE
From United Kingdom to U.S.A.
Destination, Rates & Speeds

8.

Bartholomew, Stuart H.
Published by Pearson (2001)
ISBN 10: 0130910554 ISBN 13: 9780130910554
New Paperback Quantity Available: 2
Seller:
Murray Media
(North Miami Beach, FL, U.S.A.)
Rating
[?]

Book Description Pearson, 2001. Paperback. Book Condition: New. Never used!. Bookseller Inventory # P110130910554

More Information About This Seller | Ask Bookseller a Question

Buy New
162.42
Convert Currency

Add to Basket

Shipping: 1.51
Within U.S.A.
Destination, Rates & Speeds

9.

Stuart H. Bartholomew
Published by Pearson Education (US)
ISBN 10: 0130910554 ISBN 13: 9780130910554
New Hardcover Quantity Available: 3
Seller:
THE SAINT BOOKSTORE
(Southport, United Kingdom)
Rating
[?]

Book Description Pearson Education (US). Hardback. Book Condition: new. BRAND NEW, Construction Contracting: Business and Legal Principles (2nd Revised edition), Stuart H. Bartholomew, For courses in Construction Management, Construction Law, and Construction Claims. Exceptionally practical and authoritative, this introduction to construction contracting as it applies to typical, every-day situations explains "theoretical" ideas in terms of what really happens in practice. It emphasizes the more common case law holdings and industry customs that help avoid troublesome legal issues during the completion of a project. Bookseller Inventory # B9780130910554

More Information About This Seller | Ask Bookseller a Question

Buy New
162.04
Convert Currency

Add to Basket

Shipping: 6.94
From United Kingdom to U.S.A.
Destination, Rates & Speeds

10.

Bartholomew, Stuart H.
Published by Pearson
ISBN 10: 0130910554 ISBN 13: 9780130910554
New PAPERBACK Quantity Available: 3
Seller:
BarristerBooks
(Lawrence, KS, U.S.A.)
Rating
[?]

Book Description Pearson. PAPERBACK. Book Condition: New. 0130910554 BRAND NEW W/FAST SHIPPING! This item is: Construction Contracting: Business and Legal Principles, 2nd Ed., 2002, by Bartholomew, Stuart H.; FORMAT: Paperback; ISBN: 9780130910554. Choose Expedited for fastest shipping! Our 98%+ rating proves our commitment! We cannot ship to PO Boxes/APO address. To avoid ordering the wrong item, please check your item's ISBN number!. Bookseller Inventory # P9780130910554

More Information About This Seller | Ask Bookseller a Question

Buy New
169.97
Convert Currency

Add to Basket

Shipping: FREE
Within U.S.A.
Destination, Rates & Speeds

There are more copies of this book

View all search results for this book