Chapter 6
With this Chapter 6 ends Part A of the book, which is titled “Legal Framework
of the Design and Construction Process.” Thus, Part A describes the legal
1. Common interest communities (Section 6.2) Why have they developed?
What are their problems?
2. Zoning and housing (Sections 6.4A–B): politics versus the market. This
3. Power of eminent domain (or “taking”). (Section 6.4C and the Kelo case.)
Even though the Court granted much discretion to the public entity, it would
permit the states or their local entities to go their own way. Many took the offer
and generated powerful private property rights. Each state must decide: Do
governments go too far in furthering the (perceived) public interest?
4. Environmental law (Section 6.5). Do environmental statutes unfairly shift
compliance to contractors? Brownfields is an example of limiting liability so as to
5. Regulation of the design content. Discussion in class should focus on
6. Section 6.6 is a “nuts and bolts” discussion: permits and building codes. If
the students don’t know this already, it is important they become aware at this
point. At the same time, the reference to CALGreen (Section 6.6B) raises the
broader question of compelling private owners to expend higher construction
costs so as to achieve societal goals not directly related to health and safety.
Does society have an interest in buildings with lower energy needs? Who should
bear the cost?
7. Regulation of the construction process is divided between building
inspections (Section 6.6C) and safety on the construction site (Section 6.7).
1.) What are restrictive covenants?
2.) Regarding zoning reform and urban sprawl, what is “smart–growth?”
3.) What is the National Environmental Policy Act and what is the purpose of the
Environmental Impact Statement (EIS) that is required by this act?
4.) What is the “Superfund” law and what is its relevance to members of the
construction industry?
5.) How does the Brownfields Act modify CERCLA and what significance does that have
for the construction industry?
6.) According to the AIA 201–2007 Document, which party obtains a building permit?
17
© 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.
a. The Contractor
7.) What are some of the purposes of building codes?
8.) What are the two duties that are imposed on an employer according to the OSHA
Act?
9.) What is the Independent Contractor Rule?
10.) What is premises liability law and what is its role in construction site accidents?
