HW 1 WK 1. – Sweet, Schneier & Wentz. (2015). Construction Law for Design Professionals, Construction Managers and Contractors.
For this assignment you will need to complete the following:
1. Chapter 15: Questions 1 and 6
1. How are both design contracts and construction contracts usually obtained in public works projects?
6. In public contracts, how are bids opened?
2. Chapter 16: Questions 6 and 7
6. What is the Magnuson-Moss Warranty Act?
7. What must a contractor show in order to invoke the defense of commercial impracticability?
3. Chapter 17: Questions 1, 5, and 6
1. How does the progress payment system work in the construction industry?
5. If a contractor obtains a loan from a lender to finance construction, how might the lender use an assignment to secure paying back the loan?
6. What are the differences in rules of the courts in the GEM Industrial, Inc. v. Sun Trust Bank and White v. AAMG Construction Lender Center on one hand, and Alpine Bank v. Hubbell on the other?
4. Chapter 18: Questions 4, 5, and 7
4. In the case Watson Lumber Company v. Guennewig, what were the essential elements the contractor had to prove to win his claim of changes?
5. What strategy might a contractor employ on a small project to cover small extras, rather than comply with the excessively formal requirements set forth by the court in the Watson case?
7. On federal projects, which party has authority to enter into and modify contracts?
See power point attached (different attachment)
attached and comment on whether you agree or disagree with some of the change orders clauses discussed in the presentation.