Instructor(s) Aiken, Jeffrey
CONSTRUCTION LAW, CONTRACTING, and NEGOTIATION
The Construction Law seminar/workshop will involve student class exercises in structuring, negotiating and drafting construction contracts as well as assessment and handling of related claims following review of assigned textbook readings and other relevant handout materials. The course deals with the various aspects of construction law, drawing upon a student’s existing knowledge of contract and tort law and expanding into the wide array of construction specific issues -- such as project delivery systems, risk allocation principles, contract forms, insurance coverage, liens, surety bonds, owner, contractor and subcontractor claims as well as dispute resolution processes. “The relationships involved in construction contracts have long posed a unique problem in the law of contracts. ... [T]he conduct of most construction projects contemplates a complex set of interrelationships and respective rights and obligations…” Pavel Enterprises, Inc. v. A.S. Johnson Co., Inc., 674 A.2d 521 (Md. 1995). This course will not only explore those issues in some detail but also will provide a foundation for transfer of unique concepts to other areas of practice, especially those involving inter-dependent performance obligations.