Engineering And Construction Law And Contracts ✓ Solved

TEXTBOOK: Engineering and Construction Law and Contracts For

DISCUSSION 1: Discuss the differences between Civil Law and Common Law Jurisdictions and mention the type of legal system that has jurisdiction where you live (FLORIDA).

DISCUSSION 2: Review the Florida contractor licensing laws and comment on whether other states and territories should copy Florida’s contractor licensing model. What advantages can a contractor licensing law bring to other states or territories?

What are the four different situations that may occur that would allow a contractor to not bear the risk of unforeseen subsurface conditions?

In the case Hoida, Inc. v. M&I Midstate Bank, what did the court rule in regard to the subcontractor’s claim that a lender had a duty to shield them from the contractor’s misconduct?

In the case Duncan v. Missouri Board for Architects the statutory provisions made it clear that Missouri has established a stringent set of requirements for professional engineers practicing in the state. What requirements were established for public policy of the state for the protection of the public?

What are some of the factors that may provide statutory exemption for some projects from needing a licensed architect to design and stamp the drawings?

According to the EJCDC Document E-500, exhibit A, how many optional additional services that require the owner’s written authorization and how many required additional services not requiring owner’s written authorization are listed?

What are the three parts of article 44 of the AIA Document B that is entitled “Additional Services”?

What are the two types of provisions for termination of a design contract?

What are the two models of cost predictions a design professional can use and how do they differ?

In the case of Board of Education of the Hudson School District v. Sargent, Webster, Crenshaw & Folley, what was the primary reason the court ruled the architect breached their contract?

How does the Engineers Joint Contracts Documents Committee (EJCDC) Document E-) address the owner’s use of documents generated by the design professional?

Paper For Above Instructions

The assignment requires a deep dive into various aspects of engineering and construction law, focusing especially on the differences between Civil Law and Common Law jurisdictions, a review of Florida's contractor licensing laws, and various legal cases that provide context on how these laws are applied practically.

Civil Law vs. Common Law Jurisdictions

Civil law and common law represent two prominent legal systems worldwide. Civil law jurisdictions, which are prevalent in Europe and many other parts of the world, are based on written codes and statutes. In contrast, common law jurisdictions, primarily found in the UK and its former colonies, rely heavily on judicial precedents and case law. Florida, where I reside, follows the common law legal system, which means that legal decisions are often based on past judicial rulings.

In common law, judges play an active role in interpreting laws and their applications, with judicial decisions forming a key part of the legal framework. This system allows for adaptability and responsiveness to new situations as they arise, albeit leading to varying interpretations based on case specifics. Civil law systems, on the other hand, may afford less flexibility as they rely predominantly on codified principles and emphasize legislative statutes over judicial decisions.

Florida Contractor Licensing Laws

Florida has established a comprehensive set of contractor licensing laws that aim to safeguard public interest, ensure professional accountability, and maintain industry standards. These laws require contractors to meet specific criteria—such as demonstrating relevant experience and passing examinations—before being granted a license to operate legally within the state.

Other states and territories may benefit from adopting elements of Florida’s model by improving their contractor licensing frameworks. Benefits of a robust licensing law may include enhanced consumer protection, promotion of competition amongst contractors, and the assurance of quality workmanship. By establishing clear standards for competence and financial responsibility, all parties involved in construction projects can reduce risks and promote trust in the contracting process.

Unforeseen Subsurface Conditions

Contractors often face risks associated with unforeseen subsurface conditions. According to standard industry practices, there are four key situations that mitigate this burden: (1) If the contractor provided a bid based on inadequate or misleading subsurface information, (2) If the conditions were caused by prior work done, (3) If the condition was a hidden defect only identifiable through specialized expertise, and (4) If the contract explicitly states the contractor will not assume responsibility for certain unexpected subsurface conditions.

Hoida, Inc. v. M&I Midstate Bank

In the case Hoida, Inc. v. M&I Midstate Bank, the court ruled that the lender did not owe a duty to the subcontractors to protect them from the contractor's misconduct. This ruling underscored the necessity for subcontractors to independently verify the contractual and financial integrity of the parties they engage with, further highlighting the importance of prudent risk management in construction projects.

Duncan v. Missouri Board for Architects

The case Duncan v. Missouri Board for Architects illustrates the rigorous requirements imposed on professional engineers by Missouri law. The state mandates engineers to possess up-to-date knowledge of safety regulations, maintain competency through continuous education, and ensure public safety remains paramount during project development. Establishing stringent requirements serves to protect public welfare and instills confidence in professional engineering services.

Statutory Exemptions for Licensed Architects

Statutory exemptions from needing a licensed architect can arise based on project types—such as residential structures with limited scope and cost—or specific circumstances where engineering design necessitates a streamlined approach. Recognizing these exemptions enables non-licensed professionals to participate in certain projects, potentially lowering construction costs and increasing project accessibility.

EJCDC Document E-500

According to the EJCDC Document E-500, there are specific optional additional services that require the owner's prior written authorization, while certain services may be performed without prior consent. This delineation between optional and required services aids in clarifying responsibilities and ensuring both parties are in alignment throughout the construction process.

AIA Document B Article 44

Article 44 of the AIA Document B details three components related to “Additional Services,” explicitly addressing: (1) Services that fall outside the original scope of work defined in the contract, (2) Circumstances prompting increased compensation for additional services rendered, and (3) Procedures for owner authorization concerning these additional services. This structured approach fosters transparency and clarity in contractual relationships in the construction industry.

Termination Provisions in Design Contracts

Within design contracts, two principal models for termination exist: (1) Termination for cause, which allows parties to cease engagements due to breaches of contract or failure to perform as agreed, and (2) Termination for convenience, where a party can end the contract without reason, generally requiring notice to be given. Understanding these provisions is vital for both designers and clients as they navigate contract obligations and associated risks.

Cost Prediction Models

Design professionals typically utilize two models of cost predictions: the top-down approach and the bottom-up approach. The top-down method estimates project costs based on historical data and known parameters, often leading to broader estimates during early project phases. Conversely, the bottom-up approach develops more precise estimates by assessing individual components and their associated costs. Both models serve distinct functions and should be selected based on project specificity and requirements.

Board of Education of the Hudson School District v. Sargent

In the case of Board of Education of the Hudson School District v. Sargent, Webster, Crenshaw & Folley, the primary reason for the court ruling that the architect breached their contract was the failure to meet stipulated timelines and requirements within the contractual framework, which negatively impacted the project. This case illuminates the importance of adhering to contractual obligations in maintaining professional integrity and avoiding potential legal repercussions.

EJCDC Document E-), Owner's Use of Documents

The Engineers Joint Contracts Documents Committee (EJCDC) Document E-) outlines stipulations regarding the owner’s use of documents created by the design professional. It emphasizes that ownership of documents does not absolve the design professionals from liability for their use and underscores the importance of protecting intellectual property related to the design process while allowing owners to utilize the documents for intended purposes.

References

• Black, H. C. (2020). Black's Law Dictionary (11th ed.). Thomson Reuters.
• Friedman, L. M. (2015). A History of American Law (3rd ed.). Simon and Schuster.
• Gordon, S. (2018). Understanding Construction Law. Routledge.
• Iverson, J. (2021). Construction Contracts: Law and Management. SAGE Publications.
• O'Sullivan, M. A. (2019). Contractor Licensing: The Florida Advantage. Florida Bar Journal.
• Ruhnke, J. (2022). The Design-Build Contract: A Comprehensive Guide. Wiley.
• Stark, A. (2020). Architecture and Law: A Practical Guide for Architects. Routledge.
• Wright, P. J., & Sweeney, A. (2021). Construction Law Handbook. Aspen Publishers.
• Yarborough, J. L. (2019). Licensing Requirements and Professional Practices. Journal of Construction Engineering and Management.
• Ziemer, J. (2023). The Role of Statutes in Construction Law. Construction Law Review.