Courses and Descriptions

CMDP-3005Construction Law and Documents

Legal system concepts are explored in the areas of laws, morals, ethics, civil law, common law and statute law. The court system hierarchy is reviewed. The law of torts and remedies for torts committed are examined. Construction contract law will look at offer and acceptance of contracts, tenders, capacity to contract, void/illegal contracts, privacy of contract, effect of breach of contract, failure of performance, misrepresentation and torts (as applied to contracts) and the Statute of Frauds. Insurance and construction bonding will cover topics such as liability insurance, indemnity agreements, surety bonds, bid bonds, performance bonds, labour and material payment bonds, lien bonds, warranty bonds and letters of credit. Litigation and alternative dispute resolution examines the pre-trial phase, the trial phase, the judgment phase, negotiation, mediation and arbitration. Characteristics of construction contract forms will highlight topics such as standard contract forms for the construction industry (stipulated price, cost plus, unit price and civil works contracts). Also examined will be agreement provisions, definitions, general conditions, supplementary conditions, hierarchy of documents, liquidated damages & penalties, warranties and guarantees. Construction management contracts and custom contracts will be discussed also.

Textbooks and Booklists

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