- Course Number:
- BCT 221
- Course Title:
- Construction Law for the Contractor
- Credit Hours:
- Lecture Hours:
- Lecture/Lab Hours:
- Lab Hours:
- Special Fee:
Course DescriptionIntroduces basic principles of construction law used in managing construction contracts. Gain working knowledge of construction law principles through examination of case studies. Audit available.
Intended Outcomes for the course
To identify probable issues in business or project management in seeking legal advice; understand the value of documentation in resolving construction disputes; practice using contracts for assigning roles and responsibilities; achieve learning objectives required by the Oregon Construction Contractors Board for Contract Law and Oregon Construction Lien Law.
Outcome Assessment Strategies
- Work individually to create a reference manual of legal principles with applications in achieving intended learning outcomes.
- Work individually to (a) produce a report that identifies a business or project management decision from the student's work environment that applies a legal principle; or (b) summarize an article from internet research, a trade journal or periodical that discusses an application of a legal principle.
- Complete individually an in-class assessment that applies principles presented to a hypothetical fact pattern of a construction company.
- Work in collaboration with another team member to: (a) identify issues raised in hypothetical fact pattern and reach consensus on a negotiating position; (b) apply principles and use documentation in negotiating and resolving the dispute against another team; and (c) recommend contract revisions to avoid a similar dispute and improve future contract relationships.
Course Content (Themes, Concepts, Issues and Skills)
Themes, Concepts and Issues:
- Overview and nature of law; differences in civil and criminal law; working with an attorney.
- Contract formation with elements of a construction contract; explain why it is important to have a clear, concise contract; understand bid protests.
- Subcontracts and purchase orders.
- Implied obligations of construction contracts; implied warranty of workmanship; latent defects.
- Performance of contract; contractor's duties and obligations; owner's obligations to perform.
- Changes and the benefits of written change orders; scheduling and delays; differing site (changed) or concealed conditions.
- Breach of contract; the difference between material and immaterial breach; remedies for breach of contract.
- Understand methods of alternative dispute resolution, including the claims resolution process provided by the Construction Contractors Board.
- Understand the Notice for Right of Rescission.
- The notice requirements, practices, and relationship of Oregon Construction Lien Law to construction contracts.
- Develop individual skills in verbal and written communication, critical thinking, and learn how to analyze facts for assessing a negotiating position.
- Practice skills in teamwork by consensus building, verbal communication, problem solving, and negotiations.