National Construction Law Manual, 2d Ed.
By James Acret
Published by BNi Publications, Inc.,Copyright: 1999, paper, 461 pages.
This is a one volume manual that explains the principal legal issues that arise in construction and the law that generally applies. Any party involved in the construction enterprise should consider acquiring a copy; it is reasonably priced, and is as good a one-volume reference book on the subject as I've seen.
The author is a nationally known California construction lawyer, lecturer and frequent author. The format is paragraph outline, with copious case summaries illustrating or related to the point under discussion. There is a nice running head on each page advising which chapter one is in.
The book first sets out the basic law of contracts - formation, interpretation, the concept of consideration, substantial performance, breach, the parol "evidence" rule, etc. - then discusses construction contracts in specific, examining and explaining the gist of typical clauses - change orders, progress payments, liquidated damages, etc. Other chapters cover contractor licensing, claims (for overruns, delay, Eichleay formula), the arcana of mechanics' liens, arbitration, indemnity and insurance, and the federal and state regulations affecting public construction - affirmative action and prevailing wage. (This organizational scheme means one must sometimes consult two or more sections of the book; e.g. liquidated damages are discussed in chapters 2 and 5.) The appendix contains a number of the standard AIA form contracts, primarily 1997 edition.
In addition to explanation of the law as it has developed, the book contains some wry insights; e.g., the only item in a construction contract for the benefit of the contractor is the price term, everything else being for the protection of the owner.
A few cavils and cautions: (a) the title page calls this the 1999 edition but the table of contents is labeled 1997 edition; (b) there is frequent reference to "some states" or "many states" having some policy or rule, without any citation or listing of which states do or do not; (c) there is sometimes no discussion (probably due to space limitation) of divergent jurisdictions - e.g., the law will be stated in terms of a "liberal" jurisdiction like California without indication that many jurisdictions have declined to join. There is also no discussion of pros and cons of various approaches, as, for example, with regard to arbitration.
But these are nits. The volume is not a substitute for legal counsel but certainly is a good resource to consult to see if one has a problem.
Reviewed by David E. Boelzner, Esq.
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© Copyright 2007, The Construction Sciences Research Foundation, Inc. Updated January 12, 2007.
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