An Instructor’s Solutions Manual to Accompany
CONSTRUCTION
LAW
FOR
D
ESIGN
P
ROFESSIONALS
,
C
ONSTRUCTION
M
ANAGERS
AND
C
ONTRACTORS
JUSTIN SWEET
MARC M. SCHNEIER
with BLAKE WENTZ
©
2015 Cengage Learning
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ISBN–13: 978-1-111–98691-9
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INSTRUCTOR‘S SOLUTIONS MANUAL
TO ACCOMPANY
CONSTRUCTION
LAW
FOR
D
ESIGN
P
ROFESSIONALS
,
C
ONSTRUCTION
M
ANAGERS
AND
C
ONTRACTORS
FIRST EDITION
JUSTIN SWEET
MARC M. SCHNEIER
with BLAKE WENTZ
Table of Contents
Introduction …………………………………………………………………………. vii
Chapter 1 ………………………………………………………………………………. 1
Chapter 2 ………………………………………………………………………………. 3
Chapter 3 ………………………………………………………………………………. 5
Chapter 4 ………………………………………………………………………………. 9
Chapter 5 …………………………………………………………………………….. 11
Chapter 6 …………………………………………………………………………….. 15
Chapter 17 …………………………………………………………………………… 57
Chapter 18 …………………………………………………………………………… 61
Chapter 19 …………………………………………………………………………… 65
Chapter 20 …………………………………………………………………………… 67
Chapter 21 …………………………………………………………………………… 71
Introduction
The purpose of this Instructor’s Solutions Manual is to provide instructors of
Construction Law for Design Professionals, Construction Managers and
Contractors (CLDPCM&C) suggestions for teaching this book. Of course, each
instructor has his or her own teaching style, and educational or experience
background (some with law degrees, others not, for example). Each class is
different, whether undergraduate or graduate. Students have different prior
exposures to the legal aspects of the construction industry prior to taking this
class. Some classes may be small seminars and others in large lecture halls.
In this Introduction, we shall explain the pedagogical organization of this book.
First, the chapters are divided into five Parts:
• Part A: Legal Framework of the Design and Construction Process
• Part B: The Main Actors: The Owner, Constructor, and Design Professional
• Part C: Project Delivery Methods
• Part D: Performance Disputes
• Part E: Risk Management and Dispute Resolution
This division is intended to give students the “big picture” of how the material is
organized, so they can better understand how the different chapters relate to
each other.
Second, almost all chapters begin with a Chapter Scenario. This scenario
invariably describes a failed construction project. Throughout the chapter, the
text refers back to the scenario to provide a concrete example of a legal principle
being discussed. Those references are almost always contained in screened
text, so the student rapidly differentiates the legal analysis from the scenario
example.
viii
© 2015 Cengage Learning. All rights reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
the chapter’s scenario so as to accentuate different issues. For example, the
instructor could change the fact pattern and ask the students what effect this
change would have on the parties’ rights or liabilities.
Third, each chapter concludes with ten Review Questions. Students may go
through these questions to self–test their understanding of the material. Each
chapter in this Instructor’s Solutions Manual reproduces the Review Questions
and our own answers.
Fourth, the book includes a Glossary, explaining in a straightforward (and non–
technical) manner the meaning of key terms. The first time a word appears in the
book that is also defined in the Glossary, that word is in bold type. The existence
of a Glossary means students do not need to memorize the meaning of terms
such as “adhesion contract,” “force majeure clause,” or “subrogation.”